Sec 209 of Cr.P.C

Vijayendra Navale (Querist) 31 December 2010 This query is : Resolved
Dear sir/madam, In a criminal case U/sec -307 of IPC, the police had filed a charge sheet against 16 accused persons. But A 1 is absconding prior to FIR. Still now police has not yet traced A 1 and NBW is still pending . I have filed vakalatha for A 2 to A 16 . Since one and half years the Magistrate is not ready to Commit the case to sessions court. Hence i have filed an IA U/sec 209 of Cr.pc to split up the charge sheet and to commit A 2 to A 16. Is it tenable under law. If anybody had case laws please advice Thanks.

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Ajay Bansal (Expert) 01 January 2011
Yes. You can file an application u/s 209 Cr.P.C. for spliting up the case. No need to show any case law. Bare act of Cr.P.C. is sufficent.