Krishnasamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.04.2025

CORAM:

THE HON'BLE MR.JUSTICE P. DHANABAL and Crl.M.P(MD)No.5187 of 2025 Krishnasamy .. Petitioner Vs.

State of TamilNadu, The Inspector of Police, Railway Police Station, Tenkasi, Tenkasi District.

.. Respondent Prayer : Petition is filed under Section 528 of BNSS to call for the records pertaining to the proceedings in LIR No.2 of 2025 on the file of the respondent police and quash the summons dated Nil issued by the respondent Police as illegal.

For Petitioner : Mr.P.Subbiah For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

ORDER

This petition has been filed to quash the proceedings in LIR No.2 of 2025 on the file of the respondent police and quash the summons dated Nil issued by the respondent Police as illegal.

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2. The learned counsel appearing for the petitioner would submit that the respondent police sent summon to the petitioner to appear before the Tahsildar, Tenkasi, on 26.03.2025. He has also appeared. He further submitted that summon was not issued by the Tahsildar, and when the petitioner appeared before the Tahsildar, he was stated that no proceeding was pending against the petitioner. Therefore, the summon issued by the respondent is, against law and the same is liable to be quashed.

3. The learned Government Advocate (crl.side) appearing for the respondent, on instructions, would submit that the respondent inadvertently issued summon on the petitioner to appear before the Revenue Tahsildar, Tenkasi. However, the date of summon was lapsed. Therefore, this petition is liable to be dismissed.

4. Heard both sides.

5. Before going into the merits of the petitioner's case, the second respondent issued summon on the petitioner to appear before the Tahsildar, Tenkasi, on 26.03.2025 and the date was also over. The petitioner has also appeared on the summon and he was also informed that 2/4

no case is pending against him. Since the petitioner acted on the basis of the summon, no further orders are necessary in this case. The respondent also fairly conceded that by inadvertently, they issued summon. Therefore, recording the same, this Criminal Original Petition is closed. Consequently, connected Miscellaneous Petition is also closed. 21.04.2025 NCC : Yes/No Index : Yes/No Rmk To:

1.The Inspector of Police, Railway Police Station, Tenkasi, Tenkasi District.

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

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P. DHANABAL ,J.

Rmk 21.04.2025 4/4