https://www.taxtmi.com/caselaws?id=308075 Retrial under Section 386 CrPC is an exceptional appellate power, available only where the original trial suffered from jurisdictional error, serious illegality, or demonstrated prejudice causing failure of justice; it cannot be used merely to cure investigative lapses or reappraise evidence. Separate trial remains the general rule under Sections 218 and 223 CrPC, and joint trial is only an exception. A remand for clubbing or fresh trial requires actual prejudice, not a mere possibility. On the stated facts, no miscarriage of justice was shown, and the retrial order was unsustainable. en-us Fri, 08 Oct 2021 00:00:00 +0530 Thu, 21 Nov 2024 17:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=308075 Retrial under Section 386 CrPC is an exceptional appellate power, available only where the original trial suffered from jurisdictional error, serious illegality, or demonstrated prejudice causing failure of justice; it cannot be used merely to cure investigative lapses or reappraise evidence. Separate trial remains the general rule under Sections 218 and 223 CrPC, and joint trial is only an exception. A remand for clubbing or fresh trial requires actual prejudice, not a mere possibility. On the stated facts, no miscarriage of justice was shown, and the retrial order was unsustainable. Case-Laws Indian Laws Fri, 08 Oct 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=308075