Order of High Court on appeal to be certified to lower Court
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Summary
When the High Court decides an appeal under this Chapter, it must certify (send) its judgment or order to the court that made the original finding, sentence or order. If that court is a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court sends the judgment through the Chief Judicial Magistrate; if it is an Executive Magistrate, the judgment goes through the District Magistrate. The lower court must then make orders conformable to the High Court and amend its record if needed.
Example
Priya was convicted by a Judicial Magistrate (not the Chief Judicial Magistrate) for a petty offence and appealed to the High Court. The High Court set aside the conviction and certified its judgment to the Magistrate through the Chief Judicial Magistrate. The Magistrate must then amend the record and pass orders conformable to the High Court's decision.
Bare Act
Enacted text(1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate, the High Court's judgment or order shall be sent through the District Magistrate.
(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court; and if necessary, the record shall be amended in accordance therewith.
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