( 1 ) BOTH the above petition nos. Crl. M (M) 3168/2003 and Crl. M (M) 3171/2003 stand disposed of by the following common order as not only the parties are common, but the question of law and facts involved therein are identical.

( 2 ) SHORT question involved for determination is whether in a complaint case or for that purpose in a case filed on the police report, Court can split the trial in respect of those accused persons who are appearing before the Court and simultaneously continue the proceedings against those whose presence is still being procured through some process or the other. In other words can the court create multiple stages in one trial.

( 3 ) IMPUGNED order dated 2nd June, 2003 passed by Sh. S. N. Dhingra, Additional Sessions Judge, New Delhi has been challenged as to the mode of trial adopted by the learned ASJ, as out of as many as ten accused persons, notice of offence was given to three of them and after they entered into the plea of not guilty, the learned Additional Sessions Judge fixed the case for complainant s evidence against these persons and at the same time listed the matter for the appearance of the remaining accused including the peti