Madras High Court
CRL OP(MD)/22922/2026 of D.Kharthik Ayyachamy Vs Shyamsundar Ayyachamy on 7 October 2026
CRL OP(MD) No. 22922 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 22922 of 2026
CNR:{HCMD011385112026}
AND
CRL MP(MD) NO. 21832 OF 2026, CRL MP(MD) NO. 21833 OF 2026
D.Kharthik Ayyachamy
..Petitioner(s)
Vs
Shyamsundar Ayyachamy
..Respondent(s)
PRAYER: This petition filed under Section 528 of BNSS to call for the records pertaining to the impugned private in CrI.M.P.No. 859 of 2026 on the file of learned Judicial Magistrate, Manapparai, Trichy District in so far as petitioner is concerned and quash the same as illegal and unconstitutional.
For Petitioner(s):
Mr.B.Jameelarasu
For Respondent(s):
-
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ORDER
The present petition has been filed by accused No.1 in Crl.M.P.No.859 of 2026 on the file of the Judicial Magistrate, Manapparai, Trichy District seeking to quash the private complaint lodged as against them for the alleged offences under Sections 314, 316 r/w section 61 of BNS 2023.
CRL OP(MD) No. 22922 of 2026
2. According to the learned counsel appearing for the petitioner, it is arises out of a civil dispute and already civil suits are pending between the parties in O.S.No.66 of 2026 on the file of the District and Sessions Judge, Trichy for the relief of partition and rendition of accounts. In such circumstances, invoking criminal jurisdiction would only be an abuse of process of law.
3. Heard the learned counsel appearing for the petitioner and perused the material records.
4. As could be seen from the records, petitioner has received only a pre-cognizance notice as contemplated under proviso to Section 223(1) of BNSS. The petitioner is only the respondent in the said application. The petitioner is not accused person as of now and in such circumstances, the petitioner can always appear through his counsel to raise his objections before the trial Court challenging the jurisdiction of the Court to take cognizance.
5. In such circumstances, this Court is of the opinion that the present petition filed under section 528 of the BNSS is premature in nature.
CRL OP(MD) No. 22922 of 2026
6. In such view of the matter, this Criminal Original Petition stands disposed of with liberty to the petitioner to file his objections before the learned Judicial Magistrate, Manapparai, Trichy District in Crl.M.P.No.859 of 2026. Depending upon the outcome, he is always at liberty to approach this Court. Consequently, connected miscellaneous petitions are closed. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM To The Judicial Magistrate, Manapparai, Trichy District
CRL OP(MD) No. 22922 of 2026 R.VIJAYAKUMAR J. PNM CRL OP(MD) No. 22922 of 2026 AND CRL MP(MD) NO. 21832 OF 2026,CRL MP(MD) NO. 21833 OF 2026 07-10-2026