accordance with the
provisions of Section 466. It is further prescribed by sub Section (2) of
Section 464 Cr.P.C that if such Magistrate ... view of criminal amendment Act, is that of the procedure which is followed
in trials before the Magistrates. Section 464 Cr.P.C is thus
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
Sangaraboina Sreenu (Supra).
48. Placing reliance on Section 464(1) of the Code of Criminal Procedure, the Court has held in Dalbir Singh (Supra) that ... convict him under Section 306 IPC having regard to Section 222 Cr.P.C? Sub-section (1) of Section 222 lays down that when
whereby
the application filed by the complainant (petitioner herein) under Section
464 Cr.P.C. was dismissed.
2. Briefly, the facts of the present case ... Sessions Court that the correct procedure was not
followed as per the Code of Criminal Procedure , 1973 as pre-charge
evidence was recorded before
charge under section 498-A of IPC has caused
prejudice or miscarriage of justice. Section 464 of the Code of
Criminal Procedure reads thus:-
464 ... convict him under Section 306 IPC having regard to Section
222 Cr.P.C? Sub-section(1) of Section 222 lays down that
when
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
cured
both under Sec.225 Cr.P.C.(now 215 Cr.P.C .) and Section 537
Cr.P.C.(now Section 464 ... Section 225
Cr.P.C. (old) and Section 537 Cr.P.C.(old) provided no
prejudice has been thereby caused to the appellant. The
CRIMINAL
been stated that the petitioner herein had filed an
application under Section 464 Cr.P.C. in a petition filed by the
respondent under Section ... stated that the
courts below have ignored the procedure prescribed under Sections 464
and 465 Cr.P.C. read with Section 28 of Protection
Kamalanantha And Ors vs State Of Tamil Nadu on 5 April, 2005
Equivalent citations: AIR
justice has in fact been occasioned thereby in terms of Section 464 Cr.P.C. Here it is nobody's case nor was indeed ... become null and void. This patently is not the law. Section 464 Cr.P.C. (equivalent to old Section 537 of the Criminal Procedure Code
