Research › Search › Judgment

Madras High Court · body

2024 DAILYLAW 4639 (MAD)

M.Iyyappan v. The Sub Divisional Executive Magistrate cum Revenue Divisional Officer

CRL OP(MD)/9418/2024 · 2026-07-01

R Vijayakumar

Transfer Petitionbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P(MD)No.9418 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.9418 of 2024 and Crl.M.P(MD)Nos.6439 and 6440 of 2024 M.Iyyappan ... Petitioner(s) – Vs. - 1.The Sub Divisional Executive Magistrate Cum Revenue Divisional Officer, Tirunelveli 2.The Inspector of Police, Pettai Police Station, Tirunelveli District 3.Karthik ... Respondent(s) Prayer: The present Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records of the proceedings initiated by the Sub Divisional Executive Magistrate cum Revenue Divisional Officer, Tirunelveli vide A5/MC.No.69/2024(107) dt 17.05.2024 and quash the said proceedings as against the petitioner. For Petitioners : M/s.R.Anand For Respondents : M/s.P.Samuel Gunasingh Govt., Advocate(crl.side) 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.9418 of 2024 ORDER The Criminal Original Petition has been filed seeking to quash the summons dated 17.05.2024 in MC No.331/2024/A-4 issued under Section 107 of CRPC. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.side). 3.As could be seen from the summon, the allegations as against the petitioner that were received by the first respondent have not been placed on record. Unless the allegations are placed on record, the petitioner would not be in a position to offer or submit his explanation. Therefore, in such circumstances, when the summon is bereft of any details and not satisfied the ingredients of Section 126 of BNSS, the same is liable to be quashed. 4.In view of the above, the impugned summons dated 17.05.2024 stands quashed. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 01.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.9418 of 2024 To 1.The Sub Divisional Executive Magistrate Cum Revenue Divisional Officer, Tirunelveli 2.The Inspector of Police, Pettai Police Station, Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.9418 of 2024 R.VIJAYAKUMAR , J. Ns Crl.OP.(MD)No.9418 of 2024 and Crl.M.P(MD)Nos.6439 and 6440 of 2024 01.07.2026 4/4 https://www.mhc.tn.gov.in/judis