Madras High Court
CRL OP(MD)/22948/2026 of Muthupalaniappan Vs PL. Kathiresan on 8 October 2026
CRL OP(MD) No. 22948 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 22948 of 2026
CNR:{HCMD011407962026}
AND
CRL MP(MD) No. 21852 of 2026
CNR:{HCMD011407982026}
CRL MP(MD) No. 21854 of 2026
CNR:{HCMD011407992026}
1. Muthupalaniappan
S/o. Shanmugam Chettiar,
Old Door No. 12/2,
New Door No 8/2,
New Giri Road,
T. Nagar,
Chennai.
2. Selvanathan
S/o. Shanmugam Chettiar,
B-1, Ground Floor,
Easwaran Kovil 3rd Cross Street,
Madipakkam,
Chennai.
..Petitioner(s)
Vs
PL. Kathiresan
S/o. PL. Palaniappan,
No. 2,
Puthu Oorani Melkarai,
Nerkuppai (Post),
Thiruppattur Taluk,
Sivagangai District.Sivagangai
..Respondent(s)
CRL OP(MD) No. 22948 of 2026
PRAYER: This petition filed under Section 528 of BNSS to call for records relating to the Criminal Miscellaneous Petition in Crl M.P No. 194 of 2026
before the Learned District Munsif Cum Judicial Magistrate Court, Singampunari and quash the same and thus render justice.
For Petitioner(s):
Mr.Rm.Arun Swaminathan
P. Aravindraj
S. Madhan Kumar
For Respondent(s):
--
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ORDER
The present petition has been filed by the respondents 1 and 2 in Crl.M.P.No.194 of 2026 on the file of District Munsif cum Judicial Magistrate, Singampunari, seeking to quash the private complaint lodged by the respondent.
2. It could be seen from the records that the petitioners received only a pre-cognizance notice as contemplated under the proviso to Section 223(i) of BNSS. Therefore, as long as cognizance is not taken by the trial Court, the petitioners cannot be treated as accused persons. Therefore, the petitioners can very well be represented through their counsel in the Court. The presence of the petitioners shall not be insisted upon by the trial Court.
CRL OP(MD) No. 22948 of 2026
3. In view of the above, granting liberty to the petitioners to raise all their objections before the concerned Court, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petitions are closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM To To The District Munsif cum Judicial Magistrate, Singampunari
CRL OP(MD) No. 22948 of 2026 R.VIJAYAKUMAR, J. PNM CRL OP(MD) No. 22948 of 2026 AND
08-10-2026