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
imprisonment for life or 10
years and fine Section 394 IPC.
Section 221(2) Cr.P.C provides that:
Where it is doubtful what offence ... causing of hurt while committing has
been proved. As per section 464 Cr.P.C where there is an error or omission in
framing
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
section 427 of the Indian Penal Code are attracted.
(iv) Offence under section 471 of the Indian Penal
Code:
The essential ingredients of section ... forged one. Making a false document is enumerated under
section 464 of Cr.P.C.
In case of Md. Ibrahim -Vrs.- State of Bihar
reported
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
August, 2014.
ORDER
Petition filed under Section 482 of the Code of Criminal
Procedure (in short, " Cr.P.C .").
2. 1st petitioner ... case under Sections 464 and 465 read with Section 34 IPC and process
was issued under Section 204 Cr.P.C. Aggrieved by that order
Section 376(f) of
the IPC with the aid of Section 34 thereof, as even according to
the prosecution, the offence comes under Section ... learned APP relied on provisions of Section 215 as well as 464
of the Code of Criminal Procedure for contending that as there
