Crl. O.P.(MD) No.8964 of 2026, BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD).No.8964 of 2026 Hanston Jicksingh ... Petitioners Vs 1. The State of Tamil Nadu, Rep., by Killiyoor, Kanyakumari District. 2. The Inspector of Police, Puthukkadai Police Station, Kanyakumari District. ... Respondents PRAYER: To call for the records relating to M.C.No.01/2026 on the file of the 1st respondent and thus render justice. For petitioner : Mr.S.Sivakumar For R1 and R2 : Mr.P.Samuel Gunasingh Counsel for State of TN(Crl.Side) 1/4 https://www.mhc.tn.gov.in/judis Crl. O.P.(MD) No.8964 of 2026, ORDER The present petition has been filed seeking to quash the summons issued under Section 129 of BNSS . 2. According to the learned counsel appearing for the petitioner, he is an accused only in three cases and he has not been convicted in any of the cases. 3. The learned counsel appearing 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. 2/4 https://www.mhc.tn.gov.in/judis Crl. O.P.(MD) No.8964 of 2026, 4. I have considered the submissions made on either side and perused the materials available on record. 5. 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 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. 6. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is also closed. 02.07.2026 Index : Yes / No Internet : Yes / No rgm 3/4 https://www.mhc.tn.gov.in/judis Crl. O.P.(MD) No.8964 of 2026, R.VIJAYAKUMAR , J. rgm To: 1. The State of Tamil Nadu, Rep., by Killiyoor, Kanyakumari District. 2. The Inspector of Police, Puthukkadai Police Station, Kanyakumari District. Crl.O.P(MD).No.8964 of 2026 02.07.2026 4/4 https://www.mhc.tn.gov.in/judis