Crl.OP(MD) No.17879 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.17879 of 2026 and Crl.MP(MD) Nos.17196 & 17197 of 2026 Suriyakumar ... Petitioner Vs 1. The State of Taminadu Rep By, The Tahsildar, Mudukulathur, Ramanathapuram District. 2. State of Tamilnadu Rep by Inspector of Police, Keelathooval Police Station, Ramanathapuram District. ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS., to call for the records pertaining to the proceedings of impugned summon in M.C.No. 197 of 2026 dated 27.07.2026 on the file of the 1st respondent and quash the same. For Petitioner : Mr. P.Suresh For Respondents : Mr.P.Samuel Gunasingh Government Advocate (Crl.Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.17879 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 involved in one criminal case and the same is pending and he has not been convicted in any one of the criminal cases. 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. 4. I have considered the submissions made on either side and perused the materials available on record. 2/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.17879 of 2026 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. 19.08.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No PNM To The Tahsildar, Mudukulathur, Ramanathapuram District. 2. The Inspector of Police, Keelathooval 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.OP(MD) No.17879 of 2026 R.VIJAYAKUMAR , J. PNM ORDER MADE IN Crl.OP.(MD)No.17879 of 2026 19.08.2026 4/4 https://www.mhc.tn.gov.in/judis