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 send its judgment or order to the court that made the original finding, sentence or order. If that court is a Judicial Magistrate (not the Chief Judicial Magistrate) the order goes via the Chief Judicial Magistrate; if it is an Executive Magistrate it goes via the District Magistrate. The receiving court must then give effect to the High Court’s order and amend its record if needed.
Example
Rohan was convicted by a Judicial Magistrate for a petty offence and appealed. The High Court reduced his sentence and certified its order to the trial court; because the trial court was a Judicial Magistrate (not the Chief Judicial Magistrate), the order was sent via the Chief Judicial Magistrate. The trial court amended its record and applied the new sentence.
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 arc 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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