Crl.O.P.(MD).No.12625 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.12625 of 2026 and Crl.M.P(MD) Nos.12412 and 12415 of 2026 1. R.Saravanan 2. P.Kaliyammal 3. M.Mariyappan ... Petitioners/Respondents Vs 1. Thirumalai 2. Selvan ... Respondents/ Petitioners PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to Crl.M.P.No.1401 of 2025 on the file of the learned Judicial Magistrate Court, Tenkasi and quash the same as illegal as against the petitioners and pass such further or other orders as this Court may deem fit. (Charge sheet number is amended vide order of this Court dated 12.08.2026 in Crl.M.P(MD) No.13467 of 2026 in Crl.O.P(MD) No.12625 of 2026) For Petitioners : Mr.R.Mathava Selvam 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12625 of 2026 ORDER The present petition has been filed by the respondents in Crl.M.P.No. 1401 of 2025 on the file of the learned Judicial Magistrate Court, Tenkasi, seeking to quash the private complaint. 2. According to the learned counsel appearing for the petitioners, the entire criminal compliant is abuse of process of law and it is purely a civil dispute. According to the learned counsel appearing for the petitioners, on the same issue already the petitioners and the respondents filed a suit in O.S.No. 139 of 2025 on the file of the District Munsif Court, Alangulam and the same is pending. 3. Heard the learned counsel appearing for the petitioners and perused the materials available on record. 4. As it could be seen from the records, the trial Court has issued only a pre-cognizance notice to the petitioners as contemplated under the proviso to Section 223 (1) of BNSS. The petitioners are not accused as of now. The petitioners are entitled to raise all their objections before the concerned Court 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12625 of 2026 with regard to the civil in nature of the complaint. Since cognizance has not been taken before the concerned Court, the petitioners are always at liberty to appear through their counsel and need not appear in person. 5. In such view of the matter, preserving the rights of the petitioners to raise all the defences before the concerned Court, this Criminal Original Petition is disposed of. Consequently connected Miscellaneous Petitions are closed. 12.08.2026 NCC : Yes/No 2/2 Index : Yes / No Internet : Yes / No ebsi To 1. The Judicial Magistrate Court, Tenkasi 2. 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.12625 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.12625 of 2026 12.08.2026 2/2 4/4 https://www.mhc.tn.gov.in/judis