Research › Search › Judgment

Madras High Court · body

2024 DAILYLAW 4647 (MAD)

Mathiyavan @ Mathiyavan Irumporai v. The Sub Divisional Magistrate cum Revenue Divisional Officer

CRL OP(MD)/9042/2024 · 2026-07-01

R Vijayakumar

Transfer Petitionbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P(MD)No.9042 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.9042 of 2024 and Crl.M.P(MD)Nos.6199 and 6200 of 2024 Mathiyavan @ Mathiyavan Irumporai ... Petitioner(s) – Vs. - 1.The Sub Divisional Magistrate Cum Revenue Divisional Officer, Periyakulam, Theni District. 2.The Inspector of Police Palani Chettipatti Police Station, Theni District. ... Respondent(s) Prayer : Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records pertaining to the Impugned Proceedings passed in MC No. 331/2024/A-4, dated 10.06.2024 on the file of the Respondent No.1 and quash the same as illegal. For Petitioners : M/s.Henri Tiphagne 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.9042 of 2024 ORDER The Criminal Original Petition has been filed seeking to quash the summons dated 10.06.2024 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 10.06.2024 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.9042 of 2024 To 1.The Sub Divisional Magistrate Cum Revenue Divisional Officer, Periyakulam, Theni District. 2.The Inspector of Police Palani Chettipatti Police Station, Theni 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.9042 of 2024 R.VIJAYAKUMAR , J. Ns Crl.OP.(MD)No.9042 of 2024 and Crl.M.P(MD)Nos.6199 and 6200 of 2024 01.07.2026 4/4 https://www.mhc.tn.gov.in/judis