Sasikala v. The State Rep.By, The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2026
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C .No.160 of 2026 and Crl.M.P.No.1032 of 2026 Sasikala
...Petitioner
Vs.
1.The State Rep.by The Sub Inspector of Police S-4 Nandambakkam Police Station St.Thomas Mount, Chennai - 600 089.
2. Babu
...Respondents
Prayer: Criminal Revision Petition filed under Section 438 r/w 442 of BNSS, to call for the records and set aside the order of cognizance dated 24.10.2025 in C.C.No.915 of 2025 on the file of the Judicial Magistrate, Additional Mahila Court, Alandur; remand the case back to the Judicial Magistrate, Additional Mahila Court, Alandur, directing the Court to provide adequate opportunity to the petitioner to file protest petition in accordance with law. For Petitioner : Mr.A.Ashwinkumar and Mr.V.Karthik 1/4
For Respondents : Mr.R.Vinothraja Government Advocate (Crl.Side) for R1
ORDER
The revision challenges the order taking cognizance of the offence and issuance of summons to the 2nd respondent alone. 2.
It is the case of the petitioner that she had lodged a complaint against the 2nd respondent, his wife and two daughters; that the 1st respondent, on investigation, filed the final report only as against the 2nd respondent; that the learned Magistrate, without giving any opportunity to the petitioner/de facto complainant, had accepted the final report and taken cognizance of the offence against the 2nd respondent alone.
3.
It is well-settled that in the final report filed, if certain accused have been omitted, the complainant must be given an opportunity to make his/her submissions.
4.
In such view of the matter, this Court is of the opinion that the learned Magistrate shall permit the petitioner to file her objections to the final report. It is needless to say that if the learned Magistrate, on considering the objections, is still of the view that the final report is justified, then the learned Magistrate may pass such orders.
2/4
5.
The revision is disposed of with the above observation. Connected miscellaneous petition is closed.
05.02.2026 Index : Yes/No Speaking order : Yes/No nv To 1.The Judicial Magistrate, Additional Mahila Court, Alandur.
2.The Sub Inspector of Police S-4 Nandambakkam Police Station St.Thomas Mount, Chennai - 600 089.
3. The Public Prosecutor, High Court, Madras.
3/4
SUNDER MOHAN.J.
, nv Crl.R.C .No.160 of 2026 and Crl.M.P.No.1032 of 2026 05.02.2026 4/4