Judgement passed in wrong section

Meg Nath Sharma (Querist) 16 October 2013 This query is : Resolved
Respected Sir/madam

A petitioner quote wrong section in a criminal application and the presiding officer passed judgement on the basis of the wrong section. What will be the validity of the said judgement..Any citation if found may kindly be posted please...

Thanx

with warm puja wishes...

MN Sharma

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Sarvesh Kumar Sharma Advocate (Expert) 16 October 2013
If it is judgement file appeal in apex court , if an order file revision ;if an intrelocatry order file writ .

C.V.Kansara (Expert) 16 October 2013
Follow advice of expert.

R.K Nanda (Expert) 16 October 2013
file revision against said judgement in higher court.

Devajyoti Barman (Expert) 16 October 2013
The judgement is irregular. Prefer appeal. It would be set aside.

Dr V. Nageswara Rao (Expert) 17 October 2013
What was the defendant doing in that petition? Why did he not raise objections?

Thyagarajan (Expert) 17 October 2013
If the defendant has raised the objection and the same was quoted in the judgment as over ruled then appeal is the way.Even if it is late revelation to the defendant the rule is wrong after the case is over he can appeal

Rajendra K Goyal (Expert) 23 October 2013
Appeal can be filed.

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