Syed Ali @ Mullan Syed Ali v. The Ii Class Executive Magistrate Cum Revenue Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P(MD)No.7077 of 2025 Syed Ali @ Mullan Syed Ali ... Petitioner Vs.

1. The II Class Executive Magistrate - cum Revenue Thasildar, Palayamkottai, Thirunelveli District.

2. The Inspector of Police, Melapalayam Police Station, Tirunelveli District.

in L.I.R.No.11/2025 ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to call for the records relating to the summon in A3/01/2024 BNSS 129 M.C.No passed by the 1st respondent, dated 02.06.2025. For Petitioner : Mr.K.Jeyamohan For R1 & R2 : Mr.A.S.Abdul Kalam Azad Government Advocate(Crl.side) 1/4

ORDER

The petitioner has filed the present petition to quash the summon issued by the first respondent under Section 132 BNSS on the ground that the same has been issued without any subjective satisfaction. 2.The learned Government Advocate(Crl.side) appearing for the respondents submits that the petitioner is involved in 18 previous cases, in which, two cases are registered for the offence under Section 307 IPC and the same are pending for trial. In order to prevent him from involving any other offences, a report has been filed before the first respondent, based on which, the first respondent has issued the summon. 3.According to the learned counsel appearing for the petitioner, excepting these two cases, all other cases have been registered only for statistical purpose. Further, he submits that this is the third proceedings initiated under Section 132 BNSS and earlier two proceedings have been quashed by this Court.

4.This Court has considered the submissions made on either side and perused the available materials.

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5.Admittedly, the petitioner is involved in 18 previous cases. Based on that material, the first respondent has issued summon by invoking Section 132 BNSS. Section 132 BNSS has been enacted to maintain law and order. Therefore, this Court is not inclined to entertain this petition. Accordingly, this criminal original petition is dismissed with a liberty to the petitioner to raise all the grounds, which are raised in this petition, before the first respondent. The first respondent shall conclude the proceedings as expeditiously as possible. Consequently, connected miscellaneous petition is closed.

10.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The II Class Executive Magistrate - cum Revenue Thasildar, Palayamkottai, Thirunelveli District. 2.The Inspector of Police, Melapalayam Police Station, Tirunelveli District.

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

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B.PUGALENDHI,J gns 10.06.2025 4/4