Madras High CourtCRL OP(MD)/14576/2025disposed of

I.Asraf Ali v. S. Sheik Dharik,

2025-09-04Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl. O.P. (MD) No. 14576 of 2025 and Crl.M.P.(MD) Nos.11844 & 11846 of 2025 I.Asraf Ali ... Petitioner Vs S. Sheik Dharik ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to the case in Crl.M.P. No. 9663 of 2024 on the file of the Learned Judicial Magistrate No.II, Ramanathapuram and quash the same as against the petitioner. For petitioner : Mr. R.Anand *****

ORDER

The petitioner challenges the pre-cognizance notice issued by the learned Magistrate on the complaint given by the respondent under Sections 499 r/w 500 1/4

of IPC (356, 356(2) BNS, 2023).

2. The learned counsel for the petitioner would submit that the complaint does not disclose the offence under Section 499 of IPC and that in any case, it would fall within explanation 5 to Section 499 of IPC; and that even at cognizance stage, the learned Magistrate ought to have considered the said fact.

3. Admittedly, the learned Magistrate has not so far taken cognizance. The case is at the pre-cognizance stage. Proviso to section 223 sub-class 1 of BNSS, 2023 states that the learned Magistrate shall not take cognizance without giving an opportunity of being heard. The said opportunity has not been afforded to the petitioner. Hence, it is open for the petitioner to either appear in person or through his counsel and put forth his case before the learned Magistrate. It is needless to say that the learned Magistrate may consider the same and pass suitable orders as regards the cognizance, taking into consideration such submissions, that may be made on behalf of the petitioner. Hence, there is no necessity to quash the impugned notice at this stage. 2/4

4. With the above observation, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 04.09.2025 Internet : Yes / No apd To

1. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai 3/4

SUNDER MOHAN , J.

apd Crl.O.P.(MD) No. 14576 of 2025 04.09.2025 4/4