Madras High Court Suggests Email & Courier Assistance For Those Whose Phones Are Stolen To Avoid Need To Approach Courts In-Person

In an innovative approach, the Madras High Court has suggested the Tamil Nadu State Legal Services Authority provide assistance to persons who have lost their cellphones or similar articles to get back the same without physically approaching the court. Justice Bharatha Chakravarthy was taking up a suo motu proceeding registered to implement the pilot project formulated by the Committee of the Supreme Court of India for the disposal of criminal cases. While disposing of the cases, the court noted that in many cases where mobile phones or similar articles were stolen, their value diminished significantly after the theft and recovery. The court noted that in many cases, after theft, the persons would move on and buy new phones, and did not appear before the Magistrate to apply for the return of the stolen properties. The court noted that to get back the stolen property, the parties usually had to spend more than its value, lose their wage, take leave, travel and spend, and wait for the whole day in court. Thus, the redress such grievances, the court suggested that the Legal Service Authority could provide its assistance. The court suggested that the Legal Service Authority could publish/furnish the email ID of the Secretary concerned or create a new email id to which the de facto complainant/victim could send an email requesting that the property be couriered to him/her at the address provided. The court added that the victim could send an email to the Secretary providing details of the case, including the case title and case number, and request that the property be couriered to them in as-is condition. The court added that the victims would not have any claim regarding damage to the property during transit. The court added that once such an email is received, the Secretary of the Legal Service Authority should inform the investigating officer, who shall then contact the complainant through the mobile, ensure that the person concerned is the actual victim and record a video to the effect that he/she is the owner and entitled to the property and would accept the property is couriered to them. The court further said that the request and the video could then be submitted to the presiding officer, who shall pass an appropriate order for returning the property. The court said that once an order for return is made, the property can be returned by courier to the concerned address under the supervision of the Secretary. The court also added that the funds available with the Legal Services Authority could be spent on the courier expense, and the same can be claimed from the State of Tamil Nadu. Counsels: Mr. S. Sugendran Additional Public Prosecutor, Mr.K.S.Mohandas Public Prosecutor (Puducherry), Mr.Rajesh Vivekanandan Deputy Solicitor General of India Mr.M.Guruprasad, Amicus Curiae Mr.P.Sidharthan Special Public Prosecutor, Mr.S.Vinoth Kumar Government Advocate Case Title: Suo Motu v. The State of Tamil Nadu and Others Citation: 2025 LiveLaw (Mad) 462 Case No: Suo Motu W.P.Crl.No.618 of 2025 Click Here To Read/Download The Judgment

Madras High Court Suggests Email & Courier Assistance For Those Whose Phones Are Stolen To Avoid Need To Approach Courts In-Person

Upasana Sajeev

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