Shanmuganathan v. The Second Class Administrative Magistrate And Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.5598 of 2026 and Crl.MP(MD)Nos.6072 and 6076 of 2026 Shanmuganathan ... Petitioner/ Accused Vs

1. The Second Class Administrative Magistrate & Tahsildar, Ramanathapuram, Ramanathapuram District.

2.The State of Tamilnadu Rep. by the Inspector of Police, Devipattinam Police Station, Ramanathapuram District. ...Respondents/Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records in M.C.(A3) No.94/2026/673/26, dated 16.02.2026 on the file of the 1st Respondent and quash the same. For Petitioner : Mr. D.Rameshkumar For Respondents : Mr. A.Albert James Government Advocate(crl.side) 1/4

ORDER

The present petition has been filed challenging the summon issued by the first respondent to the petitioner on 16.02.2026 under Section 113 of BNSS.

2. A perusal of Section 113 of BNSS reveals that it has no connection whatsoever with the object of the summons issued to the petitioner, and it has been issued under the wrong provision of law.

3. In view of the above said fact, the impugned summons issued by the first respondent in M.C.(A3) No.94/2026/673/26, dated 16.02.2026, is hereby quashed with liberty to the first respondent to initiate appropriate proceedings and the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed.

18.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No dss 2/4

To

1. The Second Class Administrative Magistrate & Tahsildar, Ramanathapuram, Ramanathapuram District.

2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

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

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R.VIJAYAKUMAR , J.

dss Crl.OP.(MD)No.5598 of 2026 and Crl.MP(MD)Nos.6072 and 6076 of 2026 18.03.2026 4/4