P.Kasipandi v. The Executive Magistrate Cum Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.6381 of 2026 and Crl.M.P(MD)No.6918 of 2026 P.Kasipandi

...Petitioner

Vs

1. The Executive Magistrate cum Tahsildar, Tirumangalam, Madurai District.

2. State of Tamilnadu, Rep by Inspector of Police, Thirumangalam Town Police Station, Madurai District.

(LIR No.16/26/E1. TMM Town PS)

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records pertaining to the proceedings in M.C.No.A5/196/2026 dated on 11.03.2026 on the file of the 1st respondent and quash the same as illegal.

For Petitioner : M/s.S.Sivaprakash For Respondents : M/s.P.Samuel Gunasingh Counsel for State of TN(Crl.side) * * * * * 1/4

ORDER

The present petition has been filed seeking to quash the summons issued under Section 128 of BNSS.

2. A perusal of the impugned summons reveal that the petitioner is not involved in any criminal case. Even then, the authority has to record his satisfaction that the petitioner is taking precaution to conceal his presence and there is reason to believe that he is likely to commit cognizable offence.

3. A perusal of the impugned order does not reveal any offence. Therefore, Section 128 of BNSS, has not been satisfied.

4. In view of the above said facts, the impugned summons stand quashed. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is also closed. 04.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 2/4

To

1. The Executive Magistrate cum Tahsildar, Tirumangalam, Madurai District.

2. The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

Copy to:- The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.6381 of 2026 04.06.2026 4/4