Criminal Procedure Code 1973, Sections 273 and Section 461 and Sections 366 to 371 and Sections 372 to 394

Criminal Procedure Code, 1973—Sections  273 and Section 461 and Sections 366 to 371 and Sections 372 to 394—Non-compliance of the provisions of Section 273—High Court instead of declaring the entire trial to be vitiated, ordered de novo examination of concerned witnesses in exercise of its powers both under Chapters XXVIII and XXIX of the Code—Whether order of High Court suffers from any infraction or jurisdictional error?—Held, no—The High Court in the present case was exercising powers both under Chapters XXVIII and XXIX of the Code—If the power can go to the extent of ordering a complete re-trial, the exercise of power to a lesser extent namely ordering de novo examination of twelve witnesses with further directions as the High Court has imposed in the present matter, was certainly within the powers of the High Court—There is, thus, no infraction or jurisdictional error on the part of the High Court.

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