1. This petition has been filed for a direction to the learned Judicial Magistrate II, Ponneri to split up the case in P.R.C.No.17 of 2010 and commit the case for trial.

2. The learned counsel appearing for the petitioner would submit that the FIR was registered in the year 2010 and the final report was filed in the very same year and the same was taken on file in P.R.C.No.17 of 2010 by the Court below for an offence under Section.147, 148, 341, 302 of IPC r/w Section 109 and 120(B) of IPC. This petitioner was shown as A10 in the final report. The learned counsel for the petitioner would submit that since some of the accused persons are absconding, the case is being kept pending for the last eight years without being committed to the appropriate Court. The learned counsel also submitted that this petitioner is already aged about 70 years and there is absolutely no progress in the case and the Court below instead of splitting up the case, continues to adjourn the case either on the ground that all the accused persons are not present or on the ground that Non Bailable Warrant is pending.

3. This Court has carefully considered the submissions made by the learned counsel for the petitioner and also the materials placed on record.

4. Several petitions of this nature are filed before this Court and it is clear that cases are kept pending on the ground that certain accused persons are absconding and the subordinate courts are finding it difficult to deal with the same. This adds up to the pendency of the case in the subordinate courts. Therefore, this Court takes this as an opportunity to issue certain guidelines for the Courts below to deal with the cases in which accused persons are absconding, in an effective manner:

5. The Criminal Rules of practice and Circular Orders, 1958 provides for dealing with cases where the accused persons have absconded. It will be relevant to extract Rules 16 to 20 hereunder :

16. Case in which accused has absconded - When process has been issued for the attendance of the accused, but the case has remained pending for a long time owing to his non-appearance, and the Magistrate is satisfied that the presence of the accused cannot be secured within a reasonble time, or when an accused person found to be of unsound mind is released under Section 466(1) or detained in safe custody under Section 465 (2) of the Code, the Magistrate shall report the case for the orders of the District Magistrate, through the Sub-Divisional Magistrate, if any, and the District Magistrate may, if he thinks fit, order that the case shall be removed from the register of cases received and omitted from the quaterly returns. The case shall, however, then be entered in a separate register of long pending cases which shall be maintained by all Magistrates in Administrative Form No.26:

Provided that if the charge is withdrawn, or if the accused is reported dead, whether that be before or after the entry in the register of long pending cases, the case should be closed :

Provided further that if the District Magistrate is of opinion that the case against the absent accused is wholly false, he may direct that the case be omitted from the registers and the returns altogether, and he may, at any subsequent time, order the case to be entered in the register of long pending cases.

17. Cases in which some of the accused have absconded:

When there are several accused persons in a case, and only some of them have appeared or been produced before the Court, if the Magistrate is satisfied that the presence of other accused cannot be secured within a reasonable time, having due regard to the right of such of the accused as have appeared to have the case against them enquired into without delay, he shall proceed with the case as against such of the accused as have appeared and dispose of it according to law. As regards the accused who have not appeared, he shall give the case a new number and enter it in the register of cases received, and if it r