Crl.O.P(MD) No.16200 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD) No.16200 of 2026 and Crl.M.P(MD) Nos.15764 and 15766 of 2026 1.S.S.Padmanaban 2. S.Senthil Kumar Ex Managing Trustee, Madurai Velliyambalam Thirupparankundram Oddukkam Vagayara Dharma Trust, No.67/29, West Chetty Street, Madurai – 625 001. 3. K.Kutty Venkatachalam Ex Trustee Madurai Velliyambalam Thirupparankundram Oddukkam Vagayara Dharma Trust, No.67/29, West Chetty Street, Madurai – 625 001. 4. S.Seenivasan Trustee Madurai Velliyambalam Thirupparankundram Oddukkam Vagayara Dharma Trust, No.67/29, West Chetty Street, Madurai – 625 001. 5. T.Kumaresan ...Petitioners/ Accused Nos.1 to 5 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.16200 of 2026 Vs Ramamoorthy ... Respondent/Petitioner PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the impugned proceeding in Crl.M.P.No.68 of 2026 pending on the file of the learned Judicial Magistrate No.1, Madurai and quash the same. For Petitioners : Mr.M.Ponniah ORDER The present petition has been filed by the respondents in a private complaint in Crl.M.P.No.68 of 2026 on the file of the learned Judicial Magistrate No.1, Madurai, wherein the petitioners are proposed to be prosecuted under Section 356 of BNSS. 2. According to the learned counsel appearing for the petitioners, sworn statement of the defacto complainant has already been recorded and therefore, the Court has already taken cognizance of the matter in violation of proviso to Section 223 (1) of BNSS. He further submitted that the notice received by the petitioners clearly indicate the same. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.16200 of 2026 3. Heard the learned counsel appearing for the petitioners and perused the materials available on record. 4. A perusal of the notice would clearly indicate that the petitioners are only the respondents in Crl.M.P.No.68 of 2026 on the file of the learned Judicial Magistrate No.1, Madurai. The petitioners have only received a pre- cognizance notice from the concerned Court. The petitioners are not an accused and they are only respondents in the proceedings pending before the concerned Court. In such circumstances, the petitioners are always entitled to raise all the grounds before the concerned Court with regard to their objections for taking cognizance of the matter. 5. Since the petitioners herein are only respondents at this relevant point of time, the question of insisting upon their personal appearance does not arise. In such view of the matter, granting liberty to the petitioners to raise all their objections before the concerned Court with regard to the cognizance of the matter. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.16200 of 2026 6. In view of the above, this Criminal Original Petition is disposed of. Consequently connected Miscellaneous Petitions are closed. 06.08.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The Judicial Magistrate No.1, Madurai. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.16200 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD) No.16200 of 2026 06.08.2026 5/5 https://www.mhc.tn.gov.in/judis