M.Jeyaraj, M/A.44 Years v. Assistant Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2018

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.15754 of 2018 and Crl.MP.Nos.8057 & 8058 of 2018 1.M.Jeyaraj 2.Suresh @ Kumar ...Petitioners vs.

The Assistant Commissioner of Police NIB CID, Chennai.

...Respondent

Criminal Original Petition filed under Section 482, Cr.P.C. to call for the records relating to C.C.No.34 of 2011 on the file of the Special Judge, 1st Additional Special Court under NDPS Act Cases, Chennai and quash the same. For petitioner : Mr.Shanmugavelayutham, Senior Counsil for Mr.T.Vijayaraghavan For Respondents: Mrs.Kritika Kamal.P Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to call for the records relating to C.C.No.34 of 2011 on the file of the Special Judge, 1st Additional Special Court under NDPS Act Cases, Chennai and quash the same.

2. It is seen that the accused are in abscondence. In Gladys Lily Vs. Superintendent NCB [1999 (4) Crimes 185 (HC)], the absconding accused cannot claim any privilege under Section 482 Cr.P.C., as observed by the Hon'ble Supreme Court in Niranjan Singh v. Prabhakar Rajaram [AIR 1980 SC 785]. https://hcservices.ecourts.gov.in/hcservices/

Hence, this petition is dismissed with liberty to the petitioner to surrender before the trial Court and file a fresh petition. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mk To 1.The Special Judge, 1st Additional Special Court under NDPS Act Cases, Chennai.

2.The Assistant Commissioner of Police NIB CID, Chennai.

3.The Public Prosecutor High Court, Madras.

+1cc to Mr.T.Vijayaraghavan, Advocate, S.R.No.38385 Crl.O.P. No.15754 of 2018 SVN(CO) BM 29/06/2018 https://hcservices.ecourts.gov.in/hcservices/