S.Periyasamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI in Crl.OP(MD)No.10436 of 2025

1. S.Periyasamy

2. P.Kannadhasan

3. P.Badmanathan ... Petitioners Vs 1.The State of Tamil Nadu, Rep by the Inspector of Police, Ilaiyangudi Police Station, Ilaiyangudi, Sivagangai District.

Crime No.96 of 2023.

2.Dhisaiveeran

...Respondents

Prayer : Criminal Miscellaneous Petitions filed under Section 528 of BNSS, 2023, to dispense with the personal appearance of the petitioners for the trial in C.C.No.150 of 2023, before the District Munsif cum Judicial Magistrate, Ilaiyangudi, Sivagangai District.

For Petitioners : Mr.B.Prahalad Ravi For R1 : Mr.Abul Kalaam Azad Government Advocate (Crl.side) 1/4

O R D E R

According to the petitioners, the incident took place on 04.04.2023, they have lodged a complaint on the same day, however, it was not acted upon by the respondent police. Therefore, these petitioners have filed a petition before the learned Judicial Magistrate, Ilayankudi, Sivagangai District, in Crl.MP.No.4107 of 2023. The learned Judicial Magistrate by his order dated 25.09.2023, has issued a direction to the respondent police to register a case. Despite the same, the petitioners' complaint has not been registered. However, the complaint has been received from the accused as a counter complaint and it has been registered in Crime No.96 of 2023, on 07.04.2023. According to the learned counsel for the petitioners, the case in Crime No.96 of 2023 has been registered by the respondent police, without following the directions issued by the learned Judicial Magistrate, dated 25.09.2023.

2.Mr.Abul Kalaam Azad, learned Government Advocate (Crl.side) takes notice for the first respondent. Issue notice to the second respondent returnable by 07.07.2025. Private notice is also permitted. Post the matter on 07.07.2025. 2/4

3.The personal appearance of the petitioners before the District Munsif cum Judicial Magistrate, Ilaiyangudi, Sivagangai District is dispensed with for the present.

sd/- 23/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ILAIYANGUDI, SIVAGANGAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, ILAIYANGUDI POLICE STATION, ILAIYANGUDI, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3/4

+1. C.C. to B.PRAHALAD RAVI Advocate SR.No.6765 (I) DT.25/06/2025

ORDER

IN CRL MP(MD) No.7823 of 2025 IN CRL OP(MD) No.10436 of 2025 Date :23/06/2025 NM/01.07.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4