The lower courts (such as a court of magistrate) have no powers of review of their orders, except as laid down in Section 362 Cr.P.C. to correct a clerical or arithmetical error. Review of order on merits is not permissible by such courts. This is clear from the language of Section 362 of Cr.P.C. which is reproduced below:
“362. Court not to alter judgment.— Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.”
But, of course, you can challenge such order in revision or appeal before the superior courts, as may be permissible under law.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
