Madras High Court
CRL RC/2119/2026 of Karol Bernatsha Vs The State Rep by the Commissioner of Police on 21 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 2119 of 2026
CNR: {HCMA012185242026}
Karol Bernatsha
..Petitioner(s)
Vs
1. The State Rep by the Commissioner of Police Tambaram Commissionerate, Elcot Sez, Karapakkam, Sholinganallur, Chennai.
2. The Deputy Commissioner of Police
Pallikaranai Range, Medavakkam,
Chennai.
3. The Inspector of Police
S-15, Selaiyur Police Station,
Selaiyur, Chennai.
..Respondent(s)
Prayer: Revision filed under Section 438 r/w Section 442 of the BNSS Act, to call for the records pertaining to the order dated 04.07.2026 passed by the Learned Judicial Magistrate No.II, Tambaram in Crl.M.P.No.1793 of 2025 and to set aside the same and direct the Learned Magistrate to consider and dispose of the same afresh on merits, after affording reasonable opportunity to the petitioner.
For Petitioner(s):
Mr.Babu Varadharajan D
For Respondent(s):
Mr.A.Amarnath
Additional Public Prosecutor
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ORDER
The revision challenges the dismissal of the petitioner's application, seeking registration of First Information Report (FIR), on the sole ground that the petitioner had not appeared when the matter was called.
2. Mr.Babu Varadharajan D, learned counsel appearing for the petitioner, would submit that the petitioner has a good case on merits and unless the case is decided on merits, the petitioner would be put to irrepairable loss.
3. Learned Mr.A.Amarnath, learned Additional Public Prosecutor for the respondents.
4. Considering the fact that the petition was dismissed only on the ground of non-appearance of the petitioner, this Court is inclined to give one more opportunity to the petitioner to present his case on merits. Hence, the order impugned is set aside and the learned Magistrate shall decide the petition on merits and in accordance with law. the present Criminal Revision Case, as such, stands allowed. 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No (drm)
To:
1. The Commissioner of Police Tambaram Commissionerate, Elcot Sez, Karapakkam, Sholinganallur, Chennai.
2. The Deputy Commissioner of Police Pallikaranai Range, Medavakkam, Chennai.
3. The Inspector of Police S-15, Selaiyur Police Station, Selaiyur, Chennai.
4. The Judicial Magistrate No.II, Tambaram.
SUNDER MOHAN, J. (drm) CRL.R.C.No.2119 of 2026 21-09-2026