Legal Question in Criminal Law in India

Re: how to stop splitting the case..

Provisions of law and case law are in favour of splitting and completing the case against the accused who are available.

Re: how to stop splitting the case..

If FIR is one then splitting is not possible till other accused are Proclaimed Offender declared by court below. In your High court writ, If you have requested to proced through Ambessay the of Canada then they will also depute all of them very soon. We deal in all High Courts of India.

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Re: how to stop splitting the case..

It may be difficult for you not to have the matter splitted. Though, you can stop the proceedings till your application for getting the accused is decided by the high court. However you can approach the high court against the order of splitting the case. I beleieve it will be difficult to have the order in your favour.

Re: how to stop splitting the case..

if in a single FIR number of accused are involved splitting of the case of not possible unless any of them is Juvenile i.e under the age of 18 years,

since the three accuse are in Canada, they could be declare Proclaimed offenders and only then your case will take forward step. you have filed a writ in the high court, however i think that will perhaps be of any help because even if you get a order from high court the Canadian authorities might not extradite the persons

there are number of terrorists required by the Punjab police who are living in Canada US UK Germany whoever till date GOVT of India as well as Punjab failed to get them.

so do not worry, whatever has been provided under the law, only that will be followed, whenever they will come to India they will be nabbed by the law and proceeded thereafter

for further advice feel free to contact me at my PH 9888067997

Re: how to stop splitting the case..

If it is one FIR and one charge sheet, splitting may not be possible except after the three accused in CANADA are declared are "Proclaimed Offenders".

You may surely challenge before higher courts an adverse order passed by the lower courts.