Muthuramalingam @ Korangu Vs State S 386 CrPC – Retrial

Code of Criminal Procedure 1973 – Section 386 – Order of retrial has to be done in very exceptional cases alone. For example where the Court itself had no jurisdiction to deal with the crime or there has been a total violation of fundamental principles of law-For ordinary lapses or procedures, a retrial is not necessary as the appellate Court itself has been given extremely wide powers to correct or to take a decision on the anomalies pointed out before the Appellate Court. Even if rehearing has to be done by the Trial Court itself, the Court has got the powers to frame the issue and remit the matter to the Trial Court on that limited issue. But ordering a retrial, lock, stock and barrel is an exception. (Para 6-7)