Madras High CourtCRL OP(MD)/18090/2025disposed of

S.N.B.Senthil Prabu v. Gopinath

2025-10-23Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD) Nos.14836, 14837, 14850 & 14853 of 2025 1.S.N.B.Senthil Prabu 2.Veluchamy ... Petitioners in Crl.O.P.(MD) No.18090 of 2025 1.V.V.V.R.Muthu 2.V.V.V.R.Sathyam 3.V.V.V.R.Thendral ... Petitioners in Crl.O.P.(MD) No.18102 of 2025 Vs.

Gopinath ... Respondent in both Crl.O.Ps.

COMMON PRAYER : Criminal Original Petitions filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for the records pertaining to the private complaint in Cr.M.P.No.968 of 2025 on the file of the learned Judicial Magistrate No.II, Virudhunagar and quash the same as illegal as against the petitioners Page No. 1 of 4

For Petitioners in Crl.O.P.

(MD) No.18090 of 2025 : Mr.G.Prabhu Rajadurai Senior Counsel for Mr.J.Vimal Pandian For Petitioners in Crl.O.P.

(MD) No.18102 of 2025 : Mr.K.Seenuramachandran C O M M O N O R D E R These Criminal Original Petitions have been filed seeking to quash the private complaint in Cr.M.P. No.968 of 2025, on the file of the learned Judicial Magistrate No.II, Virudhunagar, filed by the respondent, and the pre-cognizance notice issued by the learned Judicial Magistrate.

2. Since the learned Judicial Magistrate has not taken cognizance, this Court is not inclined to quash the private complaint at this stage.

3. However, the learned Senior Counsel for the petitioners would submit that the pre-cognizance notice was not happily worded; that the very purpose of providing a pre-cognizance notice is to enable the accused to put forth the case before the learned Judicial Magistrate; and that no person can be compelled to attend the Court at this stage of precognizance. Page No. 2 of 4

4. Considering the scope and object of issuing the pre-cognizance notice for enquiry, this Court is of the view that the petitioners can either appear in person or through their counsel before the learned Judicial Magistrate to put forth their case.

5. With the above liberty, these Criminal Original Petitions stand disposed of. Consequently, the connected Miscellaneous Petitions are closed.

23.10.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Copy To:

The Judicial Magistrate No.II, Virudhunagar.

Page No. 3 of 4

SUNDER MOHAN , J.

JEN 23.10.2025 Page No. 4 of 4