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Madras High CourtCRL OP/26432/2025dismissed

Kiran Talwar v. The State Rep By, The Inspector Of Police,

2025-10-06Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR and Crl.M.P.No.17963 of 2025 Kiran Talwar ... Petitioner Vs.

1.

The State represented by, The Inspector of Police, Kanchipuram Police Station, Kanchipuram District. (Crime No.6 of 2025) 2.

Avinav Thakur ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to call for the records in Crime No.6 of 2025 pending on the file of the first respondent Police and quash the same.

For Petitioner : Mr.D.Padmanabhan For R1 : Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.6 of 2025 pending on the file of the first respondent Police for the offence under Sections 351(2) of BNS and Sections 66C, 66E and 67 of IT (Amendment) Act. 1/4

2.

Heard both sides and perused the materials available on record.

3.

The contention of the learned counsel appearing for the petitioner is that the allegation in the First Information Report is that the petitioner had harassed and blackmailed the de facto complainant on several occasions by sending morphed images and making phone calls from various numbers. He further stated that the present complaint was lodged as an afterthought, following the earlier complaint made by the petitioner against the de facto complainant before the Chandigarh Police in Crime No.157 of 2024 dated 31.12.2024 for the offence under Sections 376(2)(n), 328 of IPC and Section 67 of IT Act, which has been taken cognizance in S.C.No.120 of 2025 before the Additional Sessions Court, Chandigarh. Hence, he prayed to quash the First Information Report in Crime No.6 of 2025.

4.

On a perusal of the entire allegations in the FIR, this Court is of the view that the allegations require to be unearthed and the case has to be properly investigated. Merely on the basis of the earlier complaint, the present case cannot be quashed and this Court cannot conduct a roving 2/4

enquiry into the factual aspects as contended by the petitioner. The investigation has to proceed to its logical conclusion. If no evidence is made out, it is well open to the Investigating Agency to file a negative report, however, if the materials disclose a cognizable offence, a final report shall be filed.

5.

In view of the above, this Court finds no merits in the petition to quash the First Information Report. Accordingly, the Criminal Original Petition stands dismissed. The respondent Police are directed to conduct the investigation in accordance with law and file the final report at the earliest. Consequently, the connected miscellaneous petition is closed. 06.10.2025 ham To

1. The Inspector of Police, Kanchipuram Police Station, Kanchipuram District.

2. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

ham and Crl.M.P.No.17963 of 2025 06.10.2025 4/4