C.Subburaj v. The Second-Class Executive Magistrate - The 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.7967 of 2026 and Crl.M.P(MD)No.8576 of 2026 C.Subburaj

...Petitioner

Vs

1. The Second-Class Executive Magistrate - the Tahsildar, Sattur Taluk, Virudhunagar District.

2. State of Tamilnadu, Rep by Inspector of Police, Ammapatti Police Station, Sattur Taluk, Virudhunagar District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records pertaining to the Impugned summon issued by the 1st respondent in M.C.No.19/2026 dated 12.02.2026 and quash the same. For Petitioner : M/s.C.Gangai Amaran 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 129 of BNSS.

2. According to the learned Counsel appearing for the petitioner, the petitioner is involved in three criminal cases and convicted in a single case and therefore, it does not satisfy the ingredients of Section 2(4) of the Tamil Nadu Restriction of Habitual Offenders Act, 1948.

3. 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 Second-Class Executive Magistrate - the Tahsildar, Sattur Taluk, Virudhunagar District.

2. The Inspector of Police, Ammapatti Police Station, Sattur Taluk, Virudhunagar District.

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

3/4

R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.7967 of 2026 04.06.2026 4/4