Venkatachalam vs State Rep By The Inspector Of Police
2025 Latest Caselaw 7867 Mad

Madras High Court

Venkatachalam vs State Rep By The Inspector Of Police on 15 October, 2025

Author: N.Sathish Kumar

Bench: N. Sathish Kumar

                                                                                           CRL OP No. 28080 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 15-10-2025

                                                             CORAM

                            THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

                                                CRL OP No. 28080 of 2025

                1. VENKATACHALAM
                S/o.Thangavel, NO.9/77, B2, MGR
                nagar, Gonur Post, Mettur Taluk, Salem
                District
                                                                                           Petitioner(s)

                                                                  Vs

                1. State rep by the Inspector of Police
                Mettur Police Station, Salem District
                Cr.No.496/2009

                2.VENKATESH
                Ragavenra Nagar, Rayakottai,
                Denkanikottai Taluk, Krishnagiri
                District.
                                                                                           Respondent(s)


                PRAYER : Criminal Original Petition filed under section 528 of BNSS to set

                aside the order passed in Crl.M.P.No.377 of 2025 in CC.No.65/2010 dated

                25.09.2025 on the file of the Honble Judicial Magistarte Court NO.I, Mettur.


                                  For Petitioner(s):       C.Deepakkumar


https://www.mhc.tn.gov.in/judis                  ( Uploaded on: 25/10/2025 05:52:24 pm )
                                                                                         CRL OP No. 28080 of 2025




                                  For Respondent(s):     Mr.R.Vinodhraja,
                                                         Government Advocate [Crl.Side] – R1


                                                           ORDER

Challenging the Order of dismissal of the petition filed by the petitioner

for suspension of sentence in Crl.M.P.No.377 of 2025 in C.C.No.65 of 2010

dated 25.09.2025 by the learned Judicial Magistrate No.I, Mettur, the present

Criminal Original Petition has been filed.

2. The petitioner faced trial in C.C.No.65 of 2010 for the offences under

sections 3[1] and 7[1] of Immoral Traffic [Prevention] Act. After trial, the trial

Court convicted the petitioner for the offence under section 3[1] of Immoral

Traffic [Prevention] Act 1956 and sentenced him to undergo two years rigorous

imprisonment and to pay a fine of Rs.2000/- and in default of payment of fine

amount, to undergo simple imprisonment for a further period of one month and

the petitioner was also convicted for the offence under section 7[a] of Immoral

Traffic [Prevention] Act, 1956 and sentenced him to undergo rigorous

https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/10/2025 05:52:24 pm )

imprisonment for a period of three months. Without challenging the judgment

of sentence and conviction, the petitioner has filed the present petition seeking

suspension of sentence. The petitioner ought to have filed an appeal along with

a petition seeking suspension of sentence and not a petition under section 482

Cr.P.C. seeking suspension of sentence, which is not maintainable.

3. Accordingly, this Criminal Original Petition is dismissed.

15-10-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No vrc

To

1.The Inspector of Police Mettur Police Station, Salem District

2. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/10/2025 05:52:24 pm )

N.SATHISH KUMAR J.

vrc

15-10-2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/10/2025 05:52:24 pm )