Sutharsan v. The Second Class Executive Magistrate And Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.7812 of 2026 and Crl.M.P(MD)No.8409 of 2026 Sutharsan

...Petitioner

Vs

1. The Second Class Executive Magistrate and Thasildhar, O/o.the Second Class Executive Magistrate and Thasildhar, Ramanathapuram.

2. 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 of impugned summon in M.C.No.A3/200/2026 U/s.129 BNSS dated 25.03.2026 on the file of the respondent and quash the same as illegal so far as the petitioner is concerned. For Petitioner : M/s.A.Naresh Prabu 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 two criminal cases 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 Executive Magistrate and Thasildhar, O/o.the Second Class Executive Magistrate and Thasildhar, Ramanathapuram.

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.7812 of 2026 04.06.2026 5/5