Subash M. Varghese vs State Of Kerala Represented By The on 6 April, 2011
Author
court
under Section 55(a) of the Act, in a case of possession of
arrack, is only a curable irregularity under Section 464
... Court held that it would be only a curable
irregularity under Section 464 Cr.P.C. As regards the
applicability of Section
conclusion that the
revision petitioner has committed an offence under Section
304A of IPC? As per the decision in Richipal Singh's case
(supra ... aside
the conviction under Section 304 of IPC but convicted under
Section 304 A of IPC. Section 464 of Cr.P.C. is also relevant
court charge would vitiate
the trial. The Cr.P.C . is a procedural law. Procedural law is designed
to facilitate justice and cannot frustrate ... omission, and it has occasioned a failure
of justice".
Section 464 Cr.P.C. states as under:
"Effect of omission to frame
court charge does not comply with Sections 211 , 212
and 213 of the Criminal Procedure Code and the charge against
one accused is conflicting with ... that court
could have altered the charge under Section 216 Cr.P.C.
Moreover, Section 464 of Cr.P.C. provides that no finding,
sentence
affect the prosecution case in the light of Section 464 . Cr.PC . It
was submitted that no finding, sentence or order by a Court ... procedure contemplated under Section 216(2) Cr.P.C. ought to have been
17
Crl.Appeal No. 1604 of 2006
followed. Sub-section (2) says
conviction can be justified
under Sections 464 and 465(2) of the Code of Criminal
Procedure, 1973. It is also submitted that in view ... sheeted for the offences punishable
under Section 378 of the IPC and Section 12(10) read with
Section 20 of the Kerala Protection of River
Apex Court observed as follows:
10. Sub-section (1) of Section 464 of the Code of Criminal Procedure, 1973 ('Code' for short) expressly ... discussed the applicability of Sections 535 and 537 of the Code of Criminal Procedure, 1898, which correspond respectively to Sections 464
prosecution. In the
Crl.A.509/2006 21
contextual situation it is relevant to refer to sections 212 , 228 , 462
and 464 ... would not fall within any
of the irregularities mentioned under section 460. Section 464 Cr.P.C
deals with the effect of omission to frame
offences punishable under I.P.C. and
Abkari Act. Further, learned Public Prosecutor relied on
Section 464 of the Cr.P.C. and contended that ... defect in the
charge, that can be overlooked by virtue of Section 464 of
Cr.P.C. which reads as follows:
"464. Effect