CRL.OP.(MD)No.13006 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2026 CORAM THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR CRL.OP.(MD)No.13006 of 2026 and CRL.MP.(MD)Nos.12774 & 12775 of 2026 Alwar ... Petitioner Vs 1.The District Magistrate Cum Revenue Divisional Officer, Collectrate Office, Madurai District. 2.The Inspector of Police, K.Pudur Police Station, Madurai City. ... Respondents PRAYER:- Criminal Original Petition filed under Section 528 BNSS, to call for the records pertaining to the impugned notice passed by the first respondent in Na.Ka.No.E-4663855/2026/C dated 22.06.2026 on the file of the first respondent and quash the same as illegal. For Petitioner : Mr.E.Satish Rajkumar For Respondents : Mr.P.Samuel Gunasingh, Government Advocate(Crl.side) 1/5 https://www.mhc.tn.gov.in/judis CRL.OP.(MD)No.13006 of 2026 ORDER Present criminal original petition has been filed challenging the summons issued by the first respondent under Section 129 BNSS on 22.06.2026. 2.A perusal of records reveals that out of nine cases, seven cases are pending as against the petitioner. However, in none of the cases, the petitioner has been convicted. 3.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. 2/5 https://www.mhc.tn.gov.in/judis CRL.OP.(MD)No.13006 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 petitions are closed. NCC : Yes/No 02.07.2026 Index : Yes/No Internet:Yes/No gns 3/5 https://www.mhc.tn.gov.in/judis CRL.OP.(MD)No.13006 of 2026 To 1.The District Magistrate Cum Revenue Divisional Officer, Collectrate Office, Madurai District. 2.The Inspector of Police, K.Pudur Police Station, Madurai City. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis CRL.OP.(MD)No.13006 of 2026 R.VIJAYAKUMAR , J . gns CRL.OP.(MD)No.13006 of 2026 02.07.2026 5/5 https://www.mhc.tn.gov.in/judis