Madras High CourtCRL MP/13039/2025dismissed

Dalpat Singh v. The State Rep. By The Inspector Of Police(L And O),

2025-07-03Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL MP NOs. 13039 & 13042 OF 2025 AND CRL RC No. 970 of 2025 Dalpat Singh S/o. Habtaji No.2,Ganguraman Street, Sowcarpet, Chennai - 600 007.

Appellant(s) Vs

1. The State Rep. by the Inspector of Police, C2 Elephant Gate Police station, Chennai - 600 001.

Respondent(s) PRAYER in Crl.M.P.No.13039 of 2025: Criminal Revision Petition is filed under Section 438(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS) to suspend the sentence dated 28.08.2024 passed by the learned VIII Metropolitan Magistrate, George Town, Chennai in C.C.No.12 of 2023 sentencing the appellant to undergo three months of simple imprisonment and to pay as fine Rs.10,000/- (Rupees ten thousand only) on each count and in default the petitioner shall undergo the simple imprisonment for the period of fifteen days

which was confirmed by the XVIII Additional District and Sessions Judge, Chennai in Crl.A.No.723 of 2024 on 17.04.2025 pending disposal of the above criminal revision petition and enlarge the petitioner on bail. PRAYER in Crl.M.P.No.13042 of 2025: Criminal Revision Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS) to exempt the petitioner from surrendering before the VIII Metropolitan Magistrate, George Town, Chennai in C.C.No.12 of 2023 dated 28.08.2024 which was confirmed by the XVIII Additional District and Sessions Judge, Chennai in Crl.A.No.723 of 2024 on 17.04.2025 pending disposal of the above criminal revision petition and enlarge the petitioner on bail. In both petitions:

For Petitioner (s) : Mr.V.Pavel For Respondent(s):

Mr.A.Gopinath Govt. Advocate (Crl.side) COMMON ORDER These petitions have been filed to suspend the sentence imposed on the petitioner by the trial Court and to exempt the petitioner from surrendering before the trial Court.

2. Heard both sides and perused the materials available on record.

3. Considering the submissions made by the learned counsel on either side, this Court finds no prima facie case to suspend the sentence imposed on the petitioner, since the petitioner had committed very serious offence. Therefore, this Court is not inclined to suspend the sentence imposed by the

VIII Metropolitan Magistrate, George Town, Chennai in C.C.No.12 of 2023 in CC No.5948 of 2023 dated 28.08.2024 and confirmed by the XVIII Additional District and Sessions Judge, Chennai in Crl.A.No.723 of 2024 on 17.04.2025. This Court also not inclined to exempt the petitioner from surrendering before the Trial Court.

4. Accordingly, these Criminal Miscellaneous Petitions are dismissed. The Trial Court is directed to secure the petitioner, in order to comply with the conviction and sentence imposed by the Trial Court, which was also confirmed by the appellate Court.

03-07-2025 Internet:Yes bkn To:

1. The XVIII Additional District and Sessions Judge, Chennai 2.The VIII Metropolitan Magistrate, George Town, Chennai

3. The Inspector of Police, C2 Elephant Gate Police station, Chennai - 600 001.

4. The Public Prosecutor, Madras High Court.

G.K.ILANTHIRAIYAN J.

bkn CRL MP NOs. 13039 & 13042 OF 2025 AND CRL RC No. 970 of 2025 03-07-2025