Crl.A. No. 001055 - 001059 / 2021

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An appellate court's power to order de novo retrial under Section 386 CrPC is exceptional in nature and can only be exercised where the original trial was vitiated by lack of jurisdiction, serious illegalities or irregularities, or where a party was prevented from adducing material evidence due to circumstances beyond their control — mere procedural inconvenience or desire to consolidate related FIRs under Section 223 CrPC does not justify such an extraordinary remedy. Furthermore, an order of retrial wipes out all prior proceedings, and cannot be sustained solely on apprehension of prejudice without concrete findings of failure of justice. This analysis is brought to you via casestatus.in, your trusted resource for Indian legal summaries.