Soundaram @ Lakshmi v. State Of Tamilnadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.Crl.(MD).No.2142 of 2025 Soundaram @ Lakshmi ... Petitioner Vs.

1.The State of Tamilnadu Rep By, The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Keelasevalpatti Police Station, Sivagangai District.

3.Manickam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action against the 3rd respondent and the unknown persons, who helped for performing 2nd marriage illegally on 02.07.2025, unmindful of the pendency of the appeal, based on the petitioner's representation dated 06.09.2025, within the time frame fixed by this Court. For Petitioner : Mr.S.Ramanathan For R1 and R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor 1/4

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to take appropriate action against the 3rd respondent and the unknown persons, based on the petitioner's representation dated 06.09.2025.

2. The petitioner is the wife of the third respondent. According to her, the third respondent contracted a marriage with another woman during the subsistence of his marriage with the petitioner, and therefore, she lodged a complaint against him. It is her grievance that the respondent Police have not taken any action on the said complaint.

3. It is the petitioner's case that the third respondent has committed the offence of bigamy, punishable under Section 494 of the IPC, corresponding to Section 82 of the BNS. However, the Police have no jurisdiction to investigate the said offence, as the Court can take cognizance of an offence under Section 494 of the IPC only on a complaint made by the aggrieved person. In view of the same, the prayer sought by the petitioner cannot be entertained.

4. Accordingly, this Writ Petition is dismissed, with liberty to the petitioner to file a private complaint, if so advised. No costs. 2/4

19.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Keelasevalpatti Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

SUNDER MOHAN, J.

Indu W.P.Crl.(MD).No.2142 of 2025 19.11.2025 4/4