charge
under section 302 read with 149.
For deciding this contention, we would first refer to section 464 of the
Criminal Procedure Code which reads ... Section 232 , 233 , 237 238 , 535 &
537 of the Criminal Procedure Code 1898 ( Section 232 , 535 and 537 are
combined as section 464
court must act under sub-section (2) of
section 464 of the Code of Criminal Procedure and direct the re-trial
of the case from ... 464(1) of the Code of Criminal Procedure. When we come to consider
the provision of 464(2) of the Code of Criminal Procedure
court must act under sub-section (2) of
section 464 of the Code of Criminal Procedure and direct the re-trial
of the case from ... 464(1) of the Code of Criminal Procedure. When we come to consider
the provision of 464(2) of the Code of Criminal Procedure
were framed under Sections 394 / 34 , IPC but the learned Magistrate convicted the accused petitioners for offence under Section 394 , IPC which was not proper ... such a defect which vitiates the trial ? my attention goes to Section 464 , Cr.P.C. which provides that no finding, sentence or order
This we say because of the provisions contained in Section 464 of the Criminal Procedure Code. The section deals with the effect of omission, error ... charge for that particular offence. If Section 464, Crl P.C, is read side by side with other sections, it is clear that no finding
para 10)
"10, Sub-section (1) of Section 464 of the Code of Criminal Procedure, 1973 ('the Code', for short) expressly provides ... view of the provisions of Sections 215 , 216 , 218 , 221 and 464 of the Code of Criminal Procedure, 1973 (Vide Dalip Singh v. State
Criminal Procedure , 1973 as well in the light of
Sections 215 , 216 , 218 , 221 and 464 contained therein. In
unmistakable terms, Section 464 specifies that ... sine qua non in
our criminal justice system but at the same time procedural law
contained in the Code of Criminal Procedure is designed
Deepak Yadav vs State (Govt Of Nct Of Delhi) on 23 February, 2018
Author: Siddharth
Arvind Srivastava
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No. 464 of 2017
Arising Out of PS. Case No.-70 Year ... which has been filed under Section 489 of the Code of
Criminal Procedure, 1973 read with Sections 7A and 12 of the
Juvenile Justice (Care
Sampat Babso Kale vs The State Of Maharashtra on 9 April, 2019
Equivalent citations: AIR
