Crl.A. No. 001051 - 001054 / 2021

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An appellate court's power to order retrial under Section 386 CrPC is exceptional in nature and can only be exercised where the trial court lacked jurisdiction, the trial was vitiated by serious illegality or misconduct rendering it a nullity, or a party was prevented from adducing material evidence through no fault of their own. As analysed on casestatus.in, mere procedural irregularity or desire to consolidate related FIRs under Section 223 CrPC does not constitute sufficient ground for remitting concluded trials, as an order of retrial obliterates all prior evidence from the record.