Filing of review petition before the trial court

sakthi (Querist) 14 July 2017 This query is : Resolved
Respected Experts,
Can a review petition be filed before the trial court itself against the conviction of judgement of the same court as there is an apparent error of law quoting wrong provisions of the section in judgement. Whether the quoting of wrong provisions of section in the judgement carries miscarriage of justice. Section 362 of Cr.PC restricts the corrections of clerical or l arithmetical error only. Please advice and oblige.

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Guest (Expert) 15 July 2017
If it is only misquoting of the Section which does not affect the reasons on which conviction is based then you can get that changed. However, if the judgment is based on completely incorrect interpretation of any of the provisions of law, then the only remedy is to Appeal against such judgment.

If the judgment is of the Magistrate Court then the Appeal will lie with the Sessions Court. Accordingly, if the judgment is of the Sessions Court then the Appeal will lie before the High Court.