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CDJ 2026 MHC 5586
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : Crl.O.P(MD)No. 16062 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR |
| Parties : Thirunavukarasau Versus The State of Tamil Nadu Represented by The Inspector of Police, Sivagangai |
| Appearing Advocates : For the Petitioner: M. Karunanithi, Advocate. For the Respondent: B. Arun, Counsel for State of TN(Crl.Side). |
| Date of Judgment : 03-08-2026 |
| Head Note :- |
BNSS, 2023 - Section 528 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 528 of BNSS, 2023
2. Catch Words:
Not mentioned.
3. Summary:
The petitioner, accused in Crime No.48 of 2026, filed a Criminal Original Petition under Section 528 of BNSS, 2023, seeking to set aside the order of return dated 15.07.2026 issued by the District Munsif‑cum‑Judicial Magistrate, Singampunari, which refused to furnish copies of FIR, charge sheet, and related documents on the ground that summons to co‑accused had not been served. The court examined the petition and held that the trial judge should furnish the requested copies to the petitioner without waiting for service of summons to other accused. Accordingly, the lower court was directed to serve the FIR, complaint copy, charge sheet, 161 statements, Mahazar and sketch to the petitioner. The petition was thereafter disposed of.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to set aside the order of return passed by the learned District Munsif cum Judicial Magistrate, Singampunari in Copy Application No.225 of 2026 by order dated 15.07.2026 and direct the learned trial Judge to furnish the copies to the petitioner.)
The present petition has been filed seeking to set aside the order of return passed by the learned District Munsif-cum-Judicial Magistrate, Singampunari, in Copy Application No.225 of 2026, by an order dated 15.07.2026 and direct the learned trial Judge to furnish the copies to the petitioner.
2. The petitioner herein is arrayed as A1 in Crime No.48 of 2026 on the file of the respondent police and charge sheet has also been laid.
3. According to the learned counsel appearing for the petitioner, the petitioner has not been served with the summons so far. When a copy application was made for furnishing copies of FIR with complaint copy, charge sheet and 161 statements, Mahazar and sketch, the same was returned on the sole ground that summons to A1 to A36 has not been served so far. Challenging the return order, the present petition has been filed.
4. In view of the above said facts, the District Munsif-cum-Judicial Magistrate, Singampuneri, is directed to serve the copies of the FIR with complaint copy, charge sheet and 161 Statements, Mahazar and sketch to the petitioner as and when he appears before the trial Court. The Court below need not wait for the service of summons to the other accused persons.
5. With the above said clarifications, this Criminal Original Petition stands disposed of.
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