Supreme Court · 2021 INSC 642 · Decided 8 October 2021
Nasib Singh v. The State of Punjab & ANR.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 642 · [2021] 13 S.C.R. 566
- Case number
- CRIMINAL APPEAL No. 1051/2021
- Decided
- 8 October 2021
- Bench
- D.Y. CHANDRACHUD, VIKRAM NATH, B.V. NAGARATHNA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 386, 223
Headnote
Code of Criminal Procedure, 1973: ss. 386, 223 - Power of appellate court to direct retrial - Scope of - Held: Appellate Court may direct a retrial only in 'exceptional' circumstances to avert a miscarriage Mere lapses in the investigation are not sufficient to warrant a direction for re-trial - Only if the lapses are so grave so as to prejudice the rights of the parties, a retrial can be directed - On facts, two FIR's relating to the offences in the same transaction, one arising
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