Crl.OP(MD) No.13488 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.13488 of 2026 Marisvaran ... Petitioner Vs State of Tamilnadu Rep by Inspector of Police, Muthiahpuram Police Station, Thoothukudi. Crime No. 492/2026.. ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records and set aside the docket order, dated 16.06.2026 made in unnumbered Crl.M.P. No. of 2026 on the file of the learned Judicial Magistrate No1, Thoothukudi, Thoothukudi District pertaining to Crime No. 492 of 2026 on the file of the respondent police and to number the above said Criminal Miscellaneous Petition. For Petitioner : Mr.P.Karthikeyam For Respondent : Mr.B.Arun Government Advocate (Crl.Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.13488 of 2026 ORDER The present petition has been filed by a third party to Cr.No.492 of 2026 on the file of the respondent police seeking to set aside the docket order, dated 16.06.2026, wherein, the application filed by the petitioner for return of vehicle has been returned by the learned Judicial Magistrate No1, Thoothukudi, Thoothukudi District. 2.The petitioner's brother, namely one Sankar had used the petitioner's vehicle, which is involved in a NDPS case. Initially, FUR was registered under Section 304(2) of BNS 2023, which was later altered under the provisions of the NDPS Act. Admittedly, the petitioner is not an accused person. 4.The application filed by the petitioner for return of the vehicle has been returned primarily on the ground that the FIR was registered under NDPS Act. The learned Government Advocate (Crl.Side) appearing for the respondent pointed out that 5 grams of ganja alone have been seized from the accused persons and therefore, the case would be tried only before Judicial Magistrate. 2/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.13488 of 2026 5.In such circumstances, the impugned docket order, dated 16.06.2026 is set aside and the learned Magistrate is directed to number the same and dispose the same on its own merits and in accordance with law. 6.With the aforesaid observations, this Criminal Original Petition stands allowed. 07.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No Note : R egistry is directed to return the original impugned order to the petitioner PNM To 1.The Judicial Magistrate No1, Thoothukudi, Thoothukudi District 2.The Inspector of Police, Muthiahpuram Police Station, Thoothukudi. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.13488 of 2026 R.VIJAYAKUMAR , J. PNM ORDER MADE IN Crl.OP.(MD)No.13488 of 2026 07.07.2026 4/4 https://www.mhc.tn.gov.in/judis