Code of Criminal Procedure dealing with the
effect of such an omission or error in the charge are Section 215 and
Section 464 CrPC ... omission,
and it has occasioned a failure of justice."
Section 464 CrPC provides as follows :
"464. Effect of omission to frame
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
charge
having been framed under Section 306 is concerned the
effect of Section 222 (2) and Section 464 of Cr.P.C.
cannot be lost ... convict him under Section 306 IPC having regard
to Section 222 Cr.P.C. Sub-section (1) of Section
222 lays down that when
been stated that the petitioner herein had filed an
application under Section 464 Cr.P.C. in a petition filed by the
respondent under Section ... stated that the
courts below have ignored the procedure prescribed under Sections 464
and 465 Cr.P.C. read with Section 28 of Protection
defective charge could
have been raised under Section 465 (2) of Code of Criminal
Procedure and now plea of defective charge cannot be raised.
Reliance ... irregularity and
not an illegality and is curable under Section 464 or Section 465
Cr.P.C.
24. Similarly, reliance has been placed
them for an
offence under Section 302 IPC ?
41. And Fourth, in case the charge under Section 34
IPC is held not made ... alter the charge. Section 386 of Cr.P.C. deals
with powers of the Appellate Court and Section 464 of
Cr.P.C. deals with
with the conviction of the appellants
under Section 376(2)(g) IPC and Section 120-B IPC. Notice
was issued only limited to the quantum ... Section 120B IPC. In
this regard, learned counsel appearing on behalf of the
respondent - State of Manipur has drawn our attention to
Section 464
charges. observing as under:
"10. Sub-section (1) of Section 464 of the Code of Criminal Procedure 1973 (`the Code', for short) expressly ... occasioned a failure of justice.
Section 464 in The Code Of Criminal Procedure, 1973
464. Effect of omission to frame, or absence of, or error
there was no
lacunae in the examination of the accused under Section 313
Cr.P.C. In any event the appellants have not been able ... since been deceased and
the fate of one is not known. Section 464 , Cr.P.C provides as
follows:
“464. Effect of omission to frame
formal notice under Section 251 CrPC was framed by the
Magistrate.
CRL.M.C. 4320/2019 & CRL.M.C. 4326/2019 Page ... under
Section 251 CrPC by the trial court on 20.12.2016. In this regard, it is
profitable to refer to Section 464 CrPC
