permission to split the case

permission to split the case

 S.  Mujibar Rahman vs. State, November 21, 2023
 supreme court of india

 "We find that the High Court has not even considered the reasons recorded by the learned Magistrate in the order dated July 16, 2019. Secondly, the High Court has not taken into account that the learned Judicial Magistrate had further observed on February 13, 2019  Therefore, when the High Court allowed the trial to be divided, two important aspects were not taken into account by the High Court. First, that the learned Magistrate was not satisfied that the police had established the presence of all the accused.  The second factor which is more important is the order for further investigation passed on 13 February 2019. Therefore, this was not the stage at which the High Court could allow bifurcation of the case.