Supreme Court of India

Mohd. Hussain @ Julfikar Ali v. The State (govt. of Nct) Delhi

Neutral citation
Reported as [2012] 10 S.C.R. 480
Bench Rajendra Mal Lodha J.
Decided 31 August 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

9 Supreme Court benches have cited this judgment.

From the headnote

Code of Criminal Procedure, 1973 - s. 386 - Power of appellate court to order retrial - Held: The appellate court hearing criminal appeal has power to order retrial u/s. 386(b) - But such power should be exercised in exceptional and rare cases when such course becomes indispensable to avert failure of justice - Exercise of such power depends on facts and circumstances of the case - The present case is of extremely serious and exceptional nature, where retrial of the accused is indispensable - The matter requires to be remanded for a de novo trial. Administration of Criminal Justice: Speedy

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