Court mandates compliance with statutory notice requirements before further action under Section 130 of BNSS.

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR and Crl.M.P(MD)No.5691 of 2026 K.Rajendran ... Petitioner Vs.

1.The Sub Divisional Magistrate/The Revenue Divisional Officer, Ramanathapuram Sub Division, Ramanathapuram, Ramanathapuram District. 2.The Inspector of Police, Uthirakosamangai Police Station, Ramanathapuram Taluk & District. ... Respondents PRAYER : Petition filed under Section 528 B.N.S.S., to call for the records pertaining to the impugned summon issued by the first respondent in M.C.No.99 of 2026, dated 23.02.2026 and quash the same.

For Petitioner : Mr.C.Gangai Amaran, For Respondents : Mr.A.Albert James, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to quash the summon issued by the first respondent in M.C.No.99 of 2026 under Section

126 of BNSS 2023.

2.According to the learned counsel appearing for the petitioner, the show cause notice issued does not satisfy the ingredients of Section 130 of the BNSS, and he has also relied on a decision of this Court in the case of Siva @ Sivaramakrishnan Vs. Sub Divisional Magistrate, Paramakudi, Ramanathapuram District and another reported in (2022) 2 MLJ (Crl) 434

3.The learned Government Advocate (Criminal Side) appearing for the respondents submits that it is only a summon issued to the petitioner calling upon him to offer his explanation. In case, the authorities decide to proceed to issue an order under Section 130 of BNSS, a separate show cause notice will be issued.

4.In view of the above said submission, the first respondent is hereby directed to consider the explanation offered by the petitioner and in case if he intends to proceed to pass orders under Section 130, in such an occasion, appropriate notices shall be issued to the petitioner fulfilling the conditions as contemplated under Section 130 of BNSS.

5. With the above said observations, this Criminal Original Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed.

13.03.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No das TO:-

1.The Sub Divisional Magistrate/The Revenue Divisional Officer, Ramanathapuram Sub Division, Ramanathapuram, Ramanathapuram District. 2.The Inspector of Police, Uthirakosamangai Police Station, Ramanathapuram Taluk & District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

R.VIJAYAKUMAR , J .

das Order made in and Crl.M.P(MD)No.5691 of 2026 Dated : 13.03.2026