Madras High CourtCRL OP(MD)/11497/2026disposed of

V.Keerthana Velusamy v. A.K.Azey Kumar Rhakul

2026-06-18Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2026 CORAM :

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and Crl.M.P.(MD).Nos.11482 & 11483 of 2026

1. V.KEERTHANA VELUSAMY

2. AMBIKA

3. V.SHIVA KARTHIKEYAN

...Petitioners

Vs A.K.Azey Kumar Rhakul

...Respondent

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records pertaining to the proceedings in Crl.M.P.No.75 of 2026 on the file of the learned Judicial Magistrate, No.4, Madurai and quash the so far as the petitioners are concerned and thus render justice. For Petitioner : M/s.V.Vishnu

ORDER

The present petition has been filed by the respondents in Crl.M.P.No.75 of 2026 on the file of the learned Judicial Magistrate No.IV, Madurai seeking to quash the private complaint lodged under Section 223 of BNSS. 1/4

2. According to the learned Counsel appearing for the petitioners, no case is made out under Section 356 read with Section 3(5) of the BNS, 2023. Therefore, the private complaint is liable to be quashed.

3. A perusal of the records reveals that the petitioners have received a notice as contemplated under the proviso to Section 223(1) of the BNSS from the Court. The notice is only a pre-cognizance notice, and the petitioners are merely proposed accused persons. The notice has been issued calling upon the petitioners to offer their explanation as to why cognizance should not be taken against them.

4. In such circumstances, the present petition seeking to quash the private complaint on the ground that the ingredients have not been made out is premature in nature.

5. In view of the above facts, this Criminal Original Petition stands disposed of, with liberty to the petitioners to raise all their grounds before the trial Court by filing their objections in the application in Crl.M.P.No.75 of 2026. 2/4

6. With the said observations, this Criminal Original petition is disposed of. Consequently, connected miscellaneous petitions are closed. 18.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn To:-

1. The Judicial Magistrate, No.4, Madurai.

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

3/4

R.VIJAYAKUMAR , J.

gvn 18.06.2026 4/4