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R. HEMALATHA
Rajendiran – Appellant
Versus
State Rep. by The Station House Officer, The Sub Inspector of Police, Cuddalore – Respondent
JUDGMENT
(Prayer: Criminal Revision filed under Section 397 r/w. 401 of Criminal Procedure Code to call for the records in C.M.P.No.1838/2022 in C.C.No.115/2019 dated 29.05.2023 passed by the Judicial Magistrate, Tittagudi and set aside the same.)
1. Challenging the orders dated 29.05.2023 in C.M.P.No.1838/2022 in C.C.No.115/2019 passed by the learned Judicial Magistrate, Tittagudi, the present revision is filed.
2. The petitioners are the accused in CC No.115/2019 on the file of the Judicial Magistrate, Tittagudi. The defacto complainant filed a petition under Section 156(3) Cr.PC before the learned Judicial Magistrate, Tittagudi. Learned Judicial Magistrate, Tittagudi after recording the statement of the complainant and after perusing the documents adduced on her side, referred the case to the Inspector of Police, All Women Police Station, Virudhachalam for registering FIR against the accused and investigating the case.
3. The crux of the complaint is that all the accused who are the husband and in-laws of the defacto complainant ill-treated her and also demanded dowry from her. The private complaint was filed before the Judicial Magistrate, Tittagudi under Section 200 Cr.P.C. and th
Prima facie case based on allegations is sufficient to uphold referral to police for investigation.
The magistrate has discretionary power to order investigation under Section 156(3) Cr.P.C. based on genuine petitions containing truthful allegations and the application under Section 156(3) should b....
Judicial Magistrates have discretion under Section 156(3) to refuse police investigation if claims are unsubstantiated, emphasizing the need for evidence before directing an FIR.
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