APCrRPCO Section 167 : Order of High Court on Appeal and Revision
Act
Summary
Section 167 of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, outlines the procedure for the High Court's orders on appeal and revision. When the High Court certifies its judgment to a lower court under Sections 388 or 405 of the Code, the lower court must issue necessary warrants for release, sentence modification, or fine refund, following Rules 106 or 108 to 111.
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Explanation using Example
Example 1: Release of a Wrongfully Convicted Individual
Introduction: Ravi was convicted of theft and sentenced to two years in prison by a lower court in Andhra Pradesh. He appealed the decision, and the High Court found that there was insufficient evidence to support the conviction.
Application: According to the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, Chapter VIII, Rule 167, once the High Court certifies its judgment to the lower court under Section 388 of the Code, the lower court must issue a warrant for Ravi's release. The lower court is guided by Rules 106 or 108 to 111 in executing this order.
Outcome: The lower court promptly issues the warrant for Ravi's release. If the lower court fails to act swiftly, it may face legal consequences for non-compliance, such as contempt of court proceedings.
Conclusion: Compliance with Rule 167 ensures that Ravi is released without unnecessary delay, upholding his rights and the integrity of the judicial process.
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