R.Subasri v. P.Ramesh

ORDER This Criminal Revision Case has been filed to call for the records of the order dated 06.07.2024 in C.M.P.No.665 of 2024 on the file of the learned Judicial Magistrate, Additional Mahila Court, Chengalpattu, and to set aside the same and consequently direct the fourth respondent to register an FIR against respondents 1 to 3.

¶2The case of the prosecution is that the petitioner/complainant had lodged a complaint alleging that the respondents/accused persons had subjected her to dowry harassment and cruelty, and had also caused miscarriage. Based on the said complaint, the learned Magistrate forwarded the same to the jurisdictional police for enquiry and report. The police, after conducting enquiry, submitted a report stating that no prima facie case was made out, and that the allegations were not substantiated during enquiry. Page3 of 6 Taking into consideration the said report, the learned Magistrate dismissed the petition.

¶3It appears from the submissions of the learned counsel for the petitioner that she had given a complaint before the learned Judicial Magistrate, Additional Mahila Court, Chengalpattu, alleging offences of dowry harassment and causing miscarriage. In pursuance thereof, the learned Magistrate forwarded the said complaint seeking a report from the concerned police. The police submitted their report and such report contained certain materials. However, in spite of the same, the learned Magistrate rejected the complaint.

¶4I have given anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

¶5No doubt, the learned Magistrate initially found certain prima facie materials and forwarded the complaint to the jurisdictional police. The police submitted their report dated 14.10.2023. On perusal of the same, the learned Page4 of 6 Magistrate ultimately came to the conclusion that there is no prima facie case made out.

¶6This Court has also perused the materials available on record. As per Section 156(3) Cr.P.C., if Magistrate found grounds for investigation of allegation he may forward the complaint for investigation. Similarly under Section 190 Cr.P.C., the learned Magistrate may also take cognizance of an offence based on the police report. In the present case, on reading of the police report, the learned Magistrate found that there is no prima facie case made out.

¶7The existence of a prima facie case must be to the satisfaction of the learned Magistrate. From the reading of the impugned order, the reasoning for his satisfaction as to the prima facie case cannot be faulted. Further this Court does not find any perversity in the findings arrived at by the learned Magistrate. On perusal of the police report, though certain facts have been stated, they do not disclose the offences of dowry harassment or causing miscarriage. Therefore, this Court does not find any infirmity in the order passed by the learned Magistrate. Page5 of 6

¶8Accordingly, the Criminal Revision Case is dismissed with liberty to the petitioner to avail the other statutory remedy in accordance with law. 13-03-2026 cda To

1.The Inspector of Police, All Women Police Station, Vandaloor, Chengalpet District.

2.The Public Prosecutor, High Court of Madras. CRLoRCoNo.o644oofo2026 C.KUMARAPPANoJ. cda CRLoRCoNo.o644oofo2026 13-03-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-03-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN R.Subasri ..Petitioner(s) Vs 1.P.Ramesh 2.Ramapraba 3.Madumitha 4.The State, Represented by the Inspector of Police, All Women Police Station, Vandaloor, Chengalpet District. ..Respondent(s) Criminal Revision Case filed under Sections 439 and 442 of BNSS Act, praying to call for the records of the order dated 06.07.2024 in C.M.P.No.665 of 2024 on the file of the learned Judicial Magistrate, Additional Mahila Court, Chengalpet, and set aside the same and consequently direct the fourth respondent police to register the FIR against respondents 1 to 3. Page2 of 6 For Petitioner(s): For R1 to R3 : For R4 : Mr.V.Parthiban Mr.S.Saishankar Mr.R.Kishore Kumar, Government Advocate (Crl.Side)