Erulandi v. The Sub-Divisional Magistrate Cum Revenue Divisional Officer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2026
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.4763 of 2026 and Crl.M.P(MD)No.5112 of 2026 Erulandi
...Petitioner
Vs 1.The Sub-Divisional Magistrate Cum Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.
2. State of Tamilnadu, Rep. by the Inspector of Police, Thiruuthirakosamangai Police Station, Ramanathapuram District.
...Respondents
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records pertaining to the impugned summon in M.C.No.97/2026 passed by the 1st respondent dated 23.02.2026 and quash the same as illegal. For Petitioner : M/s.D.Balamurugapandi For Respondents : Mr.A.Albert James Government Advocate(crl.side) 1/4
ORDER
The present petition has been filed seeking to quash the summons issued by the first respondent on 23.02.2026 under Section 126 of BNSS Act r/w Section 141.
2. According to the learned Counsel appearing for the petitioner, the ingredients of Section 130 have not been fulfilled and therefore, summon has to be quashed. However, according to the learned Counsel appearing for the respondents, it is only a summon issued to the petitioner calling upon his explanation. In case if the first respondent intends to proceed to pass orders under Section 130, in such an occasion, appropriate notices would be issued to him and orders would be passed fulfilling the conditions as contemplated under Section 130 of BNSS.
3. Recording the same, this Criminal Original Petition stands closed. Consequently, connected miscellaneous petition is also closed. 04.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 2/4
To 1.The Sub-Divisional Magistrate Cum Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.
2. The Inspector of Police, Thiruuthirakosamangai Police Station, Ramanathapuram District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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R.VIJAYAKUMAR , J.
RJR Crl.OP.(MD)No.4763 of 2026 04.03.2026 4/4