Zahir Hussain v. The Second Class 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.6862 of 2026 and Crl.M.P(MD)No.7392 of 2026 Zahir Hussain

...Petitioner

Vs

1. The Second Class Magistrate cum Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

2. The State of Tamilnadu, Rep by the Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records relating to the impugned summons in M.C.No. (A3)/67/622/2026 dated 11.03.2026 issued by the 1st respondent and quash the same as illegal.

For Petitioner : M/s.K.Yasar Arafath For Respondents : M/s.P.Samuel Gunasingh Counsel for State of TN(Crl.side) * * * * * 1/5

ORDER

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

2. According to the learned Counsel appearing for the petitioner, he is involved in one criminal case and the same is pending and he has not been convicted in any 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.

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5. As rightly pointed out by the learned Counsel appearing for the petitioner, so far he has not been convicted in any 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 petition is also closed. 04.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To

1. The Second Class Magistrate cum Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

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

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

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R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.6862 of 2026 04.06.2026 5/5