Madras High Court

CRL OP(MD)/25678/2026 of Saravanan Vs The Second Class Executive Magistrate cum Revenue Tahsildar on 11 November 2026

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CRL OP(MD) No. 25678 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11-11-2026

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 25678 of 2026

AND CRL MP(MD) No.23902 OF 2026

CNR:{HCMD011502032026}

Saravanan

S/o.Ravichandran,

9/13, South Street,

Ammanptti @ Kottaimedu Village,

Velanoorani,

Virudhunagar District - 626 129.

..Petitioner(s)

Vs

1. The Second Class Executive Magistrate cum Revenue Tahsildar Kamuthi, Ramanathapuram District.

2. The Sub-Inspector of Police

Kamuthi Police Station,

Ramanathapuram District.

(M.C.No. 140/2026)

..Respondent(s)

PRAYER: This Petition filed under section Petition u/s 528 of BNSS To call for the records relating to the impugned notice of the 1st respondent by his proceedings in MC No.140 of 2026 dated 09.04.2026 and set aside the same as illegal and allow the above Crl OP.

For Petitioner(s)

:M/s M.JEGADEESH PANDIAN

For Respondent(s)

:MR.V.SHATHURTHI RAJA,

GOVT.ADVOCATE (CRL.SIDE)

CRL OP(MD) No. 25678 of 2026

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ORDER

The present petition has been filed seeking to quash the summons issued under Section 129 of BNSS., on 09.04.2026.

2. According to the learned Counsel appearing for the petitioner, as on today, four criminal cases are pending and he has been convicted in only one of the criminal cases.

3. The learned Counsel for the petitioner relies upon a decision of this Court in Crl.OP(MD)No.20725 of 2021, dated 11.01.2022, M.Thangamalai and 2 others, Vs. Sub Divisional Executive Magistrate cum Revenue Divisional Officer and another, wherein this Court was pleased to hold that only when the person is declared as the habitual offender as contemplated under Section 2(4) of Tamil Nadu Restriction of Habitual Offenders Act, 1948, Section 129 can be invoked.

4. I have considered the submissions made on either side and perused the materials available on record.

CRL OP(MD) No. 25678 of 2026

5. As rightly pointed out by the learned Counsel appearing for the petitioner, so far he has been convicted in only one of the criminal cases and therefore, the petitioner would not fall within the definition of habitual offender as contemplated under Section 2(4) of the Tamil Nadu Restriction of Habitual Offenders Act, 1948 and in such circumstances, the summons have been issued under Section 129 of BNSS without any jurisdiction and therefore, the same is liable to be quashed.

6. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM To

1. The Second Class Executive Magistrate cum Revenue Tahsildar Kamuthi, Ramanathapuram District

2. The Sub-Inspector of Police Kamuthi Police Station, Ramanathapuram District (M.C.No. 140/2026)

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

CRL OP(MD) No. 25678 of 2026 R.VIJAYAKUMAR, J. PNM CRL OP(MD) No. 25678 of 2026 11-11-2026

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