Case Note & Summary
The petitioner, R. Varadaraj, filed a criminal revision under Sections 438 read with 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) challenging the order dated 18.11.2025 passed by the learned XI Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P.No.11208 of 2025 in connection with Crime No.28 of 2025 registered by the Inspector of Police, Cyber Crime Police Station, South Zone, Chennai. The petitioner appeared in person and submitted that his SIM cards bearing mobile numbers 9444456788 and 7708056788 were seized by the respondent police, preventing him from carrying out banking transactions. He further stated that the mobile numbers were linked to his Aadhaar and other government-related accounts, and due to the seizure, he was unable to operate his bank and Aadhaar-related services. The petitioner sought a No Objection Certificate to obtain fresh SIM cards with the same mobile numbers. The learned Government Advocate (Criminal Side) opposed the contention, submitting that the SIM cards were seized for forensic analysis and were in the custody of the Forensic Sciences Department. Upon consideration, the court found that no prejudice would be caused to the respondent if the petitioner was permitted to obtain new SIM cards bearing the same numbers. The court noted that the occurrence was of October 2025 and continued retention of the SIM cards by the Forensic Sciences Department was not necessary at that stage. Accordingly, the criminal revision was allowed, the impugned order was set aside, and the petitioner was permitted to obtain fresh SIM cards bearing the same mobile numbers after deactivating the earlier SIM cards.
Headnote
A) Criminal Procedure - Seizure of SIM Cards - Permission to Obtain New SIM with Same Number - The petitioner sought permission to deactivate seized SIM cards and obtain new SIM cards with the same numbers for banking and Aadhaar services - The court allowed the revision, holding that no prejudice would be caused to the respondent as the SIMs were already with the Forensic Sciences Department and the occurrence was in October 2025 - Held that continued retention of SIM cards is not necessary at this stage (Paras 5-6).
Issue of Consideration
Whether the petitioner should be permitted to deactivate seized SIM cards and obtain new SIM cards with the same mobile numbers pending investigation.
Final Decision
Criminal revision allowed. Impugned order dated 18.11.2025 in Crl.M.P.No.11208 of 2025 set aside. Petitioner permitted to obtain fresh SIM cards bearing the same mobile numbers after deactivating the earlier SIM cards.
Law Points
- Criminal revision
- SIM card seizure
- forensic analysis
- deactivation of SIM
- obtaining new SIM with same number
- no prejudice to investigation
