Can a mistake in judgement order be corrected and how?
JAIME
(Querist) 21 June 2014
This query is : Resolved
The Judicial Magistrate quoted Article 20 (3)of the Constitution of India prohibits double jeopardy. No one can be vexed twice for the same offence in the Rejection Order instead of stating Article 20(2) of the Constitution of India prohibits double jeopardy. No one can be vexed twice for the same offence. In the Revision I am to file before the Sessions Judge would it be appropriate to state that under Article 20(2) of the Constitution of India or will I have to correct the Order by informing the JMFC verbally or in writing? Will not correcting the Order have any impact on my Revision Memo?
Dr J C Vashista
(Expert) 21 June 2014
Being a clerical error get it rectified under the provisions of Section 152 CPC
Anirudh
(Expert) 21 June 2014
You simply prefer your appeal/revision against the impugned order based on your merit based grounds. (There is no need to first approach the JMFC to correct / quote the correct constitutional provision in the order which you are proposing to challenge in revision/appeal)
ajay sethi
(Expert) 21 June 2014
if you have strong case on merits go in appeal / revision against the impugned order
R.K Nanda
(Expert) 21 June 2014
agree with experts.
Arvind Singh Chauhan
(Expert) 21 June 2014
Revisional court will pronounce it's own judgment. It is not necessary that it refer Art 20 or not. You can pray to court for correction under 162 Crpc.
Lawyer SALEEMA KABEER
(Expert) 21 June 2014
It may be a clerical (typographical) mistake. Since the said Judgment was delivered by a Magistrate Court which is governed under the Criminal Procedure Code, the said mistake can be corrected by invoking section 362 of Criminal Procedure Code.
Raj Kumar Makkad
(Expert) 22 June 2014
Even the Court of JMFC can correct the mistake if brought to its knowledge in writing.
T. Kalaiselvan, Advocate
(Expert) 24 June 2014
The patent error can be rectified by the same court, there are settled laws to this effect.
