Crl.O.P(MD)No.5375 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.5375 of 2024 Velusamy ... Petitioner(s) – Vs. - 1.The Executive Magistrate II Cum Tahsildar, Ramanathapuram District. 2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District. ... Respondent(s) Prayer:This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the proceedings issued by the respondent in MC No.(A3)158/1649/2024 dated 27/3/2024 passed by the 1st Respondent u/s. 113 Cr PC and quash the same. For Petitioner : M/s.P.Vertivel 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.5375 of 2024 ORDER The present Criminal Original Petition has been filed seeking to quash the proceedings dated27.03.2025 passed in MC No.(A3)158/1649/2024 under Section 130 of BNSS. 2. The learned Counsel for the petitioner relies upon a decision of this Court in Crl.OP(MD)No.20725 of 2021, dated 11.01.2022, M.Thangamalai and 2 others, Vs. Sub Divisional Executive Magistrate cum Revenue Divisional Officer and another, wherein this Court was pleased to hold that only when the person is declared as the habitual offender as contemplated under Section 2(4) of Tamil Nadu Restriction of Habitual Offenders Act, 1948, Section 129 can be invoked. 3. I have considered the submissions made on either side and perused the materials available on record. 4. As rightly pointed out by the learned Counsel appearing for the petitioner, so far he has not been convicted in any one of the criminal cases and therefore, the petitioner would not fall within the definition of habitual offender as contemplated under Section 2(4) of the Tamil Nadu Restriction of Habitual 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.5375 of 2024 Offenders Act, 1948 and in such circumstances, the summons have been issued under Section 129 of BNSS without any jurisdiction and therefore, the same is liable to be quashed. 5. Accordingly, this Criminal Original Petition stands allowed. 01.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No Ns To 1.The Executive Magistrate II Cum Tahsildar, Ramanathapuram District. 2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram 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.5375 of 2024 R.VIJAYAKUMAR , J. Ns Crl.OP.(MD)No.5375 of 2024 01.07.2026 4/4 https://www.mhc.tn.gov.in/judis