Palanisamy v. A.Ayisha Ammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)Nos.8524 & 8525 of 2025 1.Palanisamy 2.Ramesh 3.Bharathi ... Petitioners Vs.

A.Ayisha Ammal ... Respondent Prayer : Criminal Original Petition filed under Section 528 BNSS, to call for the records pertaining to summoning order issued in Cr.M.P.No. 189 of 2025 pending on the file of the learned Judicial Magistrate, Bodinayakanur and the connected proceedings initiated on the basis of the private complaint filed by the defacto complaint and quash the entire proceedings.

For Petitioner : Mr.R.Aravindan 1/4

ORDER

The petitioner has filed this petition challenging the summon issued by the learned Judicial Magistrate, Bodinayakanur. 2.The learned Judicial Magistrate, Bodinayakanur has issued the impugned summon by referring the proceedings in Cr.M.P.No.189 of 2025. It is nothing but a notice ordered by the learned Magistrate calling upon the petitioner for his appearance on 19.03.2025, based on the application filed by the respondent under Section 2(h) BNS, pursuant to the proceedings pending on the file of the Sub Court, Bodinayakanur, in E.A.No.167/2016 in E.P.No.91/2008 in O.S.No.487/2003. The learned Magistrate is entitled to issue summons and the petitioner has not questioned the competence of the learned Magistrate in issuing summon. As such, this Court is not inclined to interfere with the same. 3.If the petitioner is having any grievance with regard to the manner in which proceedings have been initiated, the petitioner can very well appear before the learned Magistrate and shall defend his case. 2/4

Moreover, the impugned summon was issued for the appearance of the petitioner on 19.03.2025. In view of the passage of time, this Court is not aware of the subsequent proceedings.

4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are closed. 04.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To The Judicial Magistrate, Bodinayakanur 3/4

B.PUGALENDHI,J gns 04.07.2025 4/4