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Madras High CourtCRL OP/6224/2024dismissed with direction

Jayaganth v. The State Rep By

2025-07-04Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.No.4559 of 2024 Jayaganth ... Petitioner Vs.

1. State rep.by its The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai - 40.

2. Revathi ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to call for the records relating to Crime No.4 of 2022 on the file of the 1st respondent Police and quash the same. For Petitioner : No representation For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) for R1 Proof of Service filed for R2 (unclaimed) 1/5

O R D E R

The Criminal Original Petition is filed to quash the F.I.R. in Crime No.4 of 2022 on the file of the 1st respondent Police.

2. There is no representation for the petitioner.

3. Heard the learned Government Advocate (Crl.Side) appearing for the first respondent and also perused the materials available on record.

4. The case of the prosecution as per the de-facto complainant is that the marriage between the petitioner and the de-facto complainant was solemnised on 24.05.2021 and out of their wedlock one male child was born. The main allegation against the petitioner is that the petitioner has concealed his former marriage and married the de-facto complainant subsequently. Hence, based on the complaint given by the second respondent herein/de-facto complainant, the first respondent-Police registered a case in Crime No.4 of 2022 for the offences punishable under Sections 498(A), 420 and 406 IPC against the petitioner. 2/5

5. A reading of the entire records, particularly, complaint, FIR and statement of witnesses recorded under Section 161 Cr.P.C., this Court finds that prima facie there are allegations made out against the petitioner and also materials available against the petitioner to proceed with the case further. In any event, it is a matter for investigation and only on completion of investigation whether the involvement of the petitioner in the alleged offences will come to light. Hence this Court does not find any ground to quash the FIR. Accordingly, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. However, the first respondent-Police is directed to complete the investigation and file a final report/charge sheet as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order. 04.07.2025 Index : Yes/No Speaking Order : Yes/No ms 3/5

To 1.

The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai - 40.

2.

The Public Prosecutor, High Court, Madras.

4/5

P.VELMURUGAN, J ms 04.07.2025 5/5