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
whereby
the application filed by the complainant (petitioner herein) under Section
464 Cr.P.C. was dismissed.
2. Briefly, the facts of the present case ... Sessions Court that the correct procedure was not
followed as per the Code of Criminal Procedure , 1973 as pre-charge
evidence was recorded before
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 CrPC alone, the conviction of the appellant
therein under Section 306 IPC
Runu Ghosh vs C.B.I. on 21 December, 2011
Author: S.Ravindra Bhat
Bench
Crl.A.No.173/2000 Page 4 of 26
occasioned a failure of justice. On almost similar lines, Section 464
Cr.P.C. prescribes ... criminal court to be rendered invalid. The
need for interference by the appellate court would arise in terms of
sub- section 2 of Section 464
IPC was illegal and not maintainable
in the prosecution under section 376 IPC. The offence as well as defence
under section 377 IPC would ... within the ambit of Section 377 of IPC. He
submitted that in these circumstances sub-Section (2) of Section 464 Cr.PC
could
justice has in fact been occasioned thereby in terms of Section 464 Cr.P.C. Here it is nobody's case nor was indeed ... become null and void. This patently is not the law. Section 464 Cr.P.C. (equivalent to old Section 537 of the Criminal Procedure Code
other authority. Finally it is
submitted that the provisions of Sections 464 and 465 CrPC cannot be
invoked to cure the material irregularity ... material irregularity which will cause prejudice to the
accused and therefore Section 464 CrPC can be invoked. She maintains
that documents which
justice has infact been occasioned thereby in terms of Section 464 Criminal Procedure Code . Here it. is nobody's case nor was indeed ... become null and void. This patently is not the law. Section 464 Criminal Procedure Code . (equivalent, to old section 537 of the Criminal Procedure Code
Pushpender Singh And Ors. vs State on 12 October, 2015
Author: R. K. Gauba
Bench
