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
there was no failure of justice that had been
occasioned thereby. Section 464 Cr.P.C. protects findings,
sentence or order by a Court arising ... view, the facts and circumstances falls
clearly under Sub-Section (1) of Section 464 Cr.P.C. and,
therefore, the contention of Mr. Ralph stands
charge?
Answer to the said question can be found in section 464 cr.p.c.
Section 464 cr.p.c. postulates that no finding, sentence ... justice has infact been occasioned thereby.
Reference can also be made to section 215.
Section 215 cr.p.c. postulates that "No error
provisions of Sections 225 ,
232 , 535 and 537 of the Code of Criminal Procedure, 1898, which are
analogous to Section 215 , 464 ... Bench considered the
provisions of Section 222 and 464 of the Code and observed:-
"Sub-section (1) of Section 222 lays down that when
vitiated on that ground having regard to provision of Section 464 of the Cr.P.C.,. He further submitted that under Section ... case, it will not vitiate trial having regard to Section 464 of the Cr.P.C.,. The appellant has not pleaded any prejudice by reason
Abhiram Rohidas And Others vs State Of Orissa on 25 September, 2014
Author: Vinod Prasad
conviction can be justified
under Sections 464 and 465(2) of the Code of Criminal
Procedure, 1973. It is also submitted that in view ... sheeted for the offences punishable
under Section 378 of the IPC and Section 12(10) read with
Section 20 of the Kerala Protection of River
cross-examination of the prosecution witnesses
and the answering in 313 Cr.P.C examination are all perused, it would
appear that ... mistake
in the charges. It may be noted that as per Section 464 Cr.P.C, no finding
or sentence or order of a court
guilty of offence under
Section 302 IPC there was no occasion to convict him under Section 306
IPC. He has relied upon Sangaraboina Sreenu ... making reference to each one of them. Therefore, in view of
Section 464 Cr.P.C., it is possible for the appellate or
revisional Court
learned Magistrate. The defect, in my
opinion, is curable under Section 464 of Cr.P.C., where
the accused is not prejudiced the omission ... complainant may be treated as an error of procedure
falling within the purview of Section 464 of Cr.P.C. The
said course is only
