Sections 225 , 232 , 535 and 537 of the Code of Criminal
Procedure, 1898, which are analogous to Section 215, 464
and 465 of the Code ... section (1) of Section 464 of the Code of
Criminal Procedure 1973 ("Code" for short) expressly
provides that no finding, sentence or order
IPC but after
concluding investigation, charge-sheet was submitted under Section
302 / 34 IPC only. Though in terms of Section 227 , 228 IPC, the
learned ... CrPC or would have passed judgment in
accordance with Section 221 (2) of the CrPC guided by Section 464
CrPC
charge under Section
307 IPC or 307/149 IPC , as the case may be.
41. Section 464 CrPC reads as under:-
"464 ... framing of the charge. Clause (b) of Sub-
Section (2) of Section 464 CrPC clearly provides that in the case
of error, omission
initial stage under Section 302 I.P.C., but in appeal,
conviction was altered under Section 201 I.P.C. though no charge was
existing ... provisions of Sections 225 , 232 , 535 and 537 of the
Code of Criminal Procedure, 1898, which are
analogous to Section 215, 464
accused persons were not at all charged under Section 302/149 and Section 148 , I.P.C. could be legally convicted. From the order-sheet ... shall frame in writing a charge against the accused.
6. Section 464 , Cr.P.C. provides-
Effect of omission to frame, or absence
framed in accordance of Section 304B of
the I.P.C. nor, an alternative charge under Section 302 of the I.P.C. is
found ... aforesaid background,
some sort of relaxation is found under Section 464 Cr.P.C.
17. Whether alternative charge when the matter relating
to dowry death
Md. Shahabuddin vs The State Of Bihar on 18 July, 2017
Author: Vinod Kumar Sinha
invoked Section 216 , 217 CrPC in order to add the charge.
Section 221(2) of the CrPC authorizes the court ... been framed under the aforesaid Section and is
found properly cared with by Section 464 CrPC.
Patna High Court
pond of Laxmi Singh. Furthermore, as evidence
relating to Section 304B of the IPC, as referred hereinabove have been
found sketchy while from the evidence ... Section 106 of the Evidence Act for
the murder of the deceased. Section 221 of the CrPC read with
Section 464 CrPC
taking
any positive steps whereupon prosecution had filed a petition
under Section 311 Cr.p.C. on 19.11.2011 and the same was
allowed vide order ... stage, though has got some sort of shield in terms of
Section 464 Cr.P.C. but when considered in its entirely, suggest
inefficiency
