Correction in order
Querist :
Anonymous
(Querist) 18 September 2011
This query is : Resolved
I recently got a Quash order from HC but when I presented the certified copy in the trial court to Quash the proceedings it was pointed by PP that the date of FIR and Crime No mentioned on the order is not correct and I need to get the corrected copy from HC. It is a typing mistake in HC order.
The case in HC is disposed off so whats the procedure to get the corrections done to the order of HC.
Devajyoti Barman
(Expert) 18 September 2011
Ask your advocate to make an application to the high court for causing necessary corrections.
It will be done.
Raj Kumar Makkad
(Expert) 18 September 2011
It is very easy. Get moved an application from your lawyer of HC for this purpose and it shall be done within days.
prabhakar singh
(Expert) 18 September 2011
where interest of justice demands every thing is possible,here mere clerical error involved,for what day your high court lawyer is?????
Querist :
Anonymous
(Querist) 18 September 2011
Just one problem it was a final order by HC after which the case was disposed off. My HC lawyer says that the other party has filed a recall application against the order it may or may not be accepted by HC.
He says that if he files for correction the other party may get a chance to object and get the disposed case listed so he says to avoid correction. But unless the order is corrected the Lower court would not dispose my case as the lower court case # is incorrect.
R.Ramachandran
(Expert) 19 September 2011
Dear Anonymous,
If your FIR No. is 100 dated 1.1.2011, you would have moved the petition for quashing the FIR No. 100 dt. 1.1.2011 only, is it not?
Then the HC if passing an order for quashing the FIR it should also quash the FIR 100 dated 1.1.2011 only. If the HC had mentioned the FIR No. as 101 or with wrong date, is it not a wrong order. Therefore, even after disposal, this being a clerical error which is apparent on the face of the record, is amenable to correction.
Therefore, you have to move an application for Rectification of Mistake. Even if the opposition party gets a copy of your application, they cannot object. What you are asking is correction of a clerical mistake. No arguments will take place on this. What the opposite party can do in this. They cannot argue that the FIR No. should not be corrected.
So better understand the point. You go and tell your Advocate to immediately move an application for rectification of mistake. The High Court will pass an order mentioning the correct FIR No. and date.
prabhakar singh
(Expert) 19 September 2011
Half in half out has become habit of questioners,what they get out of it,only they know.
Now when you have come with truth,i can only say,in a toss one can opt only one side,not both sides 'head and tail'
If you want MODAK in both hands only lord GANESHA is blessed with power to give the same,we are also same human as you or your lawyer is?????
Between the two options choice is your's
hence you decide what is best for you.
Sailesh Kumar Shah
(Expert) 19 September 2011
Author need to adhere advised of experts. Nothing to add more.
Raj Kumar Makkad
(Expert) 19 September 2011
I do agree with Ramachandran against your subsequent query.
Guest
(Expert) 20 September 2011
Agree with Shri Ramachandran.
