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
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
Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint ... Potty, Advocate for Respondent
No.2)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the complaint
year 1990-91.
11. It has been further submitted that Code of Criminal Procedure defines how a Court should exercise its power in such ... however were tried jointly in violation of such procedure. It has been argued that under Section 464 Cr.P.C. if the Court of appeal
into express or implied contract would amount to forgery.
As per Section 464 IPC, a person is said to have made a
false document means ... exeuction of a false document as defined
under Section 464 CrPC and since the document executed is
not a false document, the offence
this juncture, it may be
apposite to extract illustration (b) of Section 14 of the Evidence Act, 1872 :
"A is accused of fraudulently delivering ... Section 474 IPC in the charge, cannot have the effect of vitiating the
prosecution case, especially in the light of Section 464
defined in Section 415 IPC are conspicuously absent. Now let us go to
next relevant provision which is Section 464 IPC, Section 464 deals with ... third clause of Section 464, the allegations made in the complaint do not
fulfill the ingredients of Section 464
Magistrate, which was uncalled for. He has drawn my
attention to Section 464 Cr.P.C., which for ready reference is reproduced
as under:
464 ... omission to
frame charge. Thus in view of the provisions of Section 464 Cr.P.C. and
citations referred to by learned counsel
given to the
accused. When it is the scope of the said section, if it is
clearly and closely scrutinized, wide discretion has been
given ... charge is altered or addition has
been made as per Section 464 Cr.P.C. trial has to be
commenced from beginning and if necessary
Bench considered the provisions of Section 222 and 464 of the
Code and observed:
" Sub-section (1) of Section 222 lays down that
when ... said section
also make the position clear. However, there is a separate
chapter in the Code of Criminal Procedure , namely,
Chapter XXXV which deals with
