Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
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Summary
When the High Court or Court of Session calls for a Metropolitan Magistrate's trial record, the Magistrate may attach a written statement explaining the grounds of his decision and any facts he considers material. The higher court must read and consider that statement before overruling or setting aside the Magistrate's decision. This ensures the lower court's reasoning is before the appellate court.
Example
Priya's trial was held before a Metropolitan Magistrate and later the High Court called for the record. The Magistrate files a short statement saying why she convicted and which facts she relied on. Before the High Court sets aside that order it must consider the Magistrate's statement.
Bare Act
Enacted textWhen the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Session under section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to the issue; and the Court shall consider such statement before overruling or setting aside the said decision or order.
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