case de novo. In this view of the matter,
the High Court should have ordered de novo trial.
… … …
22. As it has been seen that ... considers necessary, may direct for
investigation de novo wherein the case presents
exceptional circumstances.”
47. The de novo trial of entire matter which should
with an appropriate writ petition seeking certain reliefs including
that of de novo trial. The parties requested that the hearings in the
aforesaid criminal miscellaneous ... Allowing the said writ petition, the High Court has
directed de novo trial of the case with the following specific directions:
“95. This writ application
FIRs warrants the direction of the High Court for a de novo trial.
2. The case of the prosecution is that on 13 November ... retrial;
12
(viii) The appellant is currently 65 years old. A de novo trial could cause severe
distress to him; and
(ix) Though the acquittal
accused whether he claims de nova trial. The words "de novo trial" are not defined or used anywhere in the Code and many ... inquiry or trial. De nova trial means trial afresh or started again and it would be against the fact to treat de novo trial
Judge Bench, whether the matter requires to be remanded
for a de novo trial in accordance with law or not?
2. The above question arises ... matter and have no courage to direct for his de novo trial
at such a distance of time. For an occurrence of 1997, the
appellant
guilty."
The Court then considered it appropriate to hold a de novo
trial and ordered accordingly by issuing summons to the
Prosecution witnesses, which ... De novo" trial means a "new trial"
ordered by an appellate court in exceptional cases
when the original trial failed to make
requesting for the Court to conduct de novo trial. According to the petitioners, inasmuch as the trial in the case should be summary in nature ... trial and witnesses were examined in detail, the question of ordering de novo trial did not arise. Under the impugned order, the learned Magistrate dismissed
case de novo. In this view of the
matter, the High Court should have ordered de novo trial.
...
22. As it has been seen that ... de novo inquiry need not be conducted.
28 The Supreme Court further held in para 58 as under:
"58. A de novo trial should
Appellate Court had no jurisdiction to remand the matter for de novo trial on the ground of defective examination of accused under Section ... that the de novo trial could not have been directed and the appellate court has committed mistake in passing the impugned order for de novo
already recorded by his predecessor, or whether he should conduct a trial de novo.
2. In R.S. Mahmood v. Syed Ahmed , a Division Bench ... trial which as partly proceeded before his predecessor is not bound to fix a new day for commencing the trial de novo, nor should
