LI Network
Published on: November 27, 2023 at 11:51 IST
The Supreme Court clarified that the splitting of a trial under Section 317(2) of the Criminal Procedure Code (Cr.P.C.), 1973 cannot be ordered when further investigation has already been mandated. Additionally, the court emphasized that such division is not permissible if the investigating agency has not provided a non-traceable certificate.
Section 317(2) of Cr.P.C. states, “If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.”
The Supreme Court bench, comprising Justices Abhay S. Oka and Pankaj Mithal, addressed an appeal challenging a Madras High Court judgment that allowed the splitting of the trial under Section 317(2) of Cr.P.C. in a case related to property damages.
The offenses included Sections 395, 397, 212, 120B, and Section 3 of the Tamil Nadu Public Property Damages Act, involving 31 accused persons.
The court highlighted that the High Court had not considered the reasons recorded by the Judicial Magistrate or acknowledged the previous order permitting further investigation.
The bench stated, “Therefore, when the High Court permitted the splitting of the trial, two important aspects were not noted by the High Court. The first one was that the learned Magistrate was not satisfied that the police had made sufficient efforts to procure the presence of all the accused. The second factor which is more important is the order of further investigation passed on 13th February 2019. Therefore, this was not the stage at which the High Court could have permitted splitting of the case.”
The case, dating back to 2016, involved allegations related to demonetization, where the petitioner was attacked and robbed after being induced to exchange old notes. Subsequently, concerns about collusion between the investigating officer and accused individuals led to further investigation orders.
The High Court’s decision to split the trial was challenged and ultimately overturned by the Supreme Court, restoring the order of the Judicial Magistrate issued in 2019.
Case Title: S. Mujibar Rahman v State