Back
2026 Supreme(Online)(Mad) 56806
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
Shrivithya Vani – Appellant
Versus
State Represented by the Inspector of Police – Respondent
CRL OP No. 15834 of 2026
For the Appellants/Petitioners: S. Sukanya
For the Respondents: A. Amarnath
A petition for return of property cannot be returned or rejected solely on the basis of administrative delays in the formal transfer of case records or property between courts; such applications must be considered on their merits.
Headnote:The petitioner filed a petition for return of property before the Chief Judicial Magistrate, Coimbatore, following the transfer of a case from the Judicial Magistrate Court No.VII to the CBCID. The petition was returned due to the administrative fact that the property had not yet been formally transferred between the courts. The primary issue was whether a petition for return of property could be returned solely on the grounds of administrative delays in the transfer of records and property between courts. The court observed that the petition ought not to have been returned merely because the property had not been formally transferred, especially when a request for transfer had already been submitted by the Investigating Officer. The court directed the Judicial Magistrate No.VII to transmit the case bundle and properties to the Chief Judicial Magistrate, who was ordered to receive the petition and dispose of it on merits within three weeks.
| Table of Content |
|---|
| 1. petitioner seeks return of property after transfer of case to cbcid. (Para 1 , 2 , 3) |
| 2. administrative difficulties should not prevent adjudication on merits. (Para 4) |
| 3. formal transfer of property is an administrative step, not a ground for returning petitions. (Para 5 , 6) |
| 4. direction for property transmission and merit-based disposal of the application. (Para 7 , 8 , 9) |
ORDER
This Criminal Original Petition has been filed seeking to set aside the returned docket order dated 27.04.2026 made in the unnumbered Crl.MP.Sr.No.2560 of 2026 on the file the Chief Judicial Magistrate, Coimbatore.
2. The learned counsel for the petitioner submitted that the petitioner, who is a third party to the proceedings in Crime No.1 of 2026 before the CBCID, Coimbatore, filed a petition seeking return of property. The properties were seized by the erstwhile Investigating Officer in Crime No.32 of 2025 and was subsequently handed over to the Jurisdictional Magistrate No.VII, Coimbatore, in P.R.No.5 of 2022.
3. The learned counsel for the petitioner further submitted that while a petition filed by the petitioner’s husband seeking quashment of Crime No.32 of 2025, it came to the petitioner's knowledge that the said case has been transferred to the CBCID, Coimbatore and re-registered as Crime No.1 of 2026 with effect from 28.01.2026. Since the Chief Judicial Magistrate, Coimbatore exercises jurisdiction over CBCID cases, the petitioner presented an application before the said Court seeking return of the property. However, the petition was returned on 27.04.2026 with the endorsement that the property not been transferred from the Judicial Magistrate Court No.VII to the Chief Judicial Magistrate, hence the petition is returned.
4. The learned counsel further submitted that the petition could not have been returned solely on account of an administrative difficulty referring to transfer of records and property, without any adjudication on merits. It was therefore prayed that a direction be issued to the Chief Judicial Magistrate to receive, number, and consider the petition on merits.
5. Heard the learned counsels appearing on either side and perused the materials available on record.
6. It is seen that originally a case was registered in Crime No.32 of 2025 before the CCBI, Coimbatore on 22.11.2025. Thereafter, on the direction of the Director General of Police, the case has been transferred to the file of CBCID, Coimbatore and registered as Crime No.1 of 2026 on 28.01.2026. The Investigation Officer had submitted a request to the Judicial Magistrate, No.VII, on 02.02.2026 seeking transfer of the entire case records and the property in Crime No.32 of 2025 to the file of the Chief Judicial Magistrate. In such circumstance, the petition filed by the petitioner ought not to have been retuned merely on the ground that the property had not been formally transferred.
7. Accordingly, the Judicial Magistrate No.VII, Coimbatore, is directed to forthwith transmit the entire case bundle together with the connected properties in Crime No.32 of 2025 to the file of the Chief Judicial Magistrate, Coimbatore.
8. Upon resubmission, the Chief Judicial Magistrate, Coimbatore shall receive the petition without raising objections regarding the transfer of property, afford an opportunity of hearing to the parties concerned, and dispose of the petition on its own merits and in accordance with law, as expeditiously as possible and in any event, within a period of three weeks from the date of receipt of a copy of this order.
9. With the above directions, this Criminal Original Petition stands disposed of.
24-06-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
PVS
