Section 464 in The Code of Criminal Procedure, 1973
464. Effect of omission to frame, or absence of, or error in, charge.
(1) No finding
illegality. It is, at best,
a curable procedural irregularity within the ambit of Sections 215 and
464 Cr.P.C. In the absence ... charge was, at best, a curable procedural
irregularity falling within the ambit of Sections 215 and 464 Cr.P.C. No finding
has been recorded
sine qua non in criminal justice system. But at the same time, the Code of
Criminal Procedure is designed to further ends of justice ... Sections 462 to 464 speak about the
specific irregularities which would vitiate the proceedings and whereas Section
465 Cr.P.C., is a residuary provision
convict him under Section
306 IPC having regard to Section 222 Cr.P.C. Sub-section(1) of Section
222 lays down that when ... Code of Criminal Procedure, 1908 which correspond to Sections 215,
464(2), 464 and 465 of 1973 Code, the Court held as under in para
that the
ingredients for the offence under Section 302 r/w Section 149 and
Section 148 of IPC were specifically brought to the notice ... framing
of the charge by not specifically charging under Section 149 IPC.
Therefore, Section 464 Cr.P.C. is attracted to the instant case. Section
convict him under Section 306 IPC having regard
to Section 222 Cr.P.C. Sub-section(1) of Section 222 lays
down that when ... analysing
the provisions of Sections 225 , 232 , 535 , 537 of the Criminal Procedure
Code, 1908 that correspond to Sections 215, 464(2), 464
Sangaraboina Sreenu (Supra).
48. Placing reliance on Section 464(1) of the Code of Criminal Procedure, the Court has held in Dalbir Singh (Supra) that ... convict him under Section 306 IPC having regard to Section 222 Cr.P.C? Sub-section (1) of Section 222 lays down that when
charge under Section 302
IPC was not framed against him and therefore the conviction of the
appellant/accused under Section 302 IPC is not maintainable ... Section 464 of the Code relates to the effect of omission to
frame, or absence of, or error, in charge. Sub-section (1) thereof
provides
convict him under Section 306 IPC
having regard to Section 222 Cr.P.C. Sub-
section (1) of Section 222 lays down that when ... 464 Cr.P.C. and keeping in view
Section 222 Cr.P.C. alone, the conviction of the
appellant therein under Section 306 IPC
convict him under Section 306 IPC having regard to Section 222 Cr.P.C. Sub-section(1) of Section 222 lays down that when ... 464 Cr.P.C. and keeping in view Section 222 Cr.P.C. alone, the conviction of the appellant therein under Section 306 IPC