Madras High Court
CRL OP(MD)/23143/2026 of Sivakumar Vs Muruganantham on 9 October 2026
CRL OP(MD) No. 23143 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 23143 of 2026
CNR:{HCMD011415222026}
Sivakumar
S/o. N.Rathinam,
No. 10, Pudhur Agraharam Street,
Arimalam,
Thirumayam Taluk,
Pudukkottai District.
..Petitioner(s)
Vs
Muruganantham
S/o. Rajagopal,
Kudiyanavar Street,
Akkachipatti,
Gandharvakottai Taluk,
Pudukkottai District.
..Respondent(s)
PRAYER: This petition is filed under Section 528 of BNSS to call for the records pertaining to impugned petition in Crl.M.P.No. 510 of 2026 on the file of Learned Judicial Magistrate, Gandharvakkottai is illegal and quash the same.
For Petitioner(s):
Mr.P. SURLIRAJA
For Respondent(s):
--
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ORDER
The present petition has been filed by the respondent in Crl.M.P.No.510 of 2026 on the file of Judicial Magistrate, Gandharvakkottai seeking to quash the private complaint initiated by the respondent under Section 223 of BNSS.
CRL OP(MD) No. 23143 of 2026
2. Perusal of the records reveal that the petitioner has only received pre-cognizance notice under Section 223(1) of BNSS . A as long as cognizance is not taken by the trial Court, the petitioner cannot be treated as accused person. Therefore, the petitioner can very well be represented through his counsel in the Court.
3. In such circumstances, personal appearance of the petitioner cannot be insisted by the trial Court. The petitioner is entitled to appear before the Court through his counsel. In case if cognizance is taken, it is left open to the petitioner to challenge the same if he is so advised.
4. With the aforesaid observations, this Criminal Original Petition stands disposed of. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM To The Judicial Magistrate, Gandharvakkottai
CRL OP(MD) No. 23143 of 2026 R.VIJAYAKUMAR, J. PNM CRL OP(MD) No. 23143 of 2026 09-10-2026