Ramprakash Rajagopal

773 Articles
gangsters act
Acquittal

Gangsters Act: Mere reiteration of vague allegations from subject FIR made the appellant to stand trial and the same amount to abuse of process of law

false promise to marry
Acquittal

Can’t claim false promise to marry if the relationship becomes distant or goes sour

day to day incharge
General

Mere repeating the exact words in a complaint like a mantra would not make the accused responsible for the company’s day-to-day affairs

public servants
Acquittal

Since stamp vendors are getting remunerations from the government they are construed as Public Servants

non public servant
Corruption Laws

An offence under section 13(1)(e) PC Act can be abetted by any other person who is a non-public servant

non cognizable offence
Acquittal

To register FIR in non-cognizable offence prior permission of Magistrate under section 155 (2) Cr.P.C was necessary

presumption
Acquittal

If animus between the accused and complainant is not proved presumption under Section 20 of PCAct would not arise against accused

contempt
General

Limitation to initiate contempt proceedings is within one year either by filing an application or by the Court issuing notice Suo motu

dowry death
3 judge bench

Dowry death: Complainant displayed honesty by making allegations only against the appellant and not implicating other family members unnecessarily

no sanction necessary
Cr.P.C

Sanction not necessary for the public servants who have conspired and issued patta in favour of some other person other than the property owner

natural justice
General

Principles of natural justice are not applicable at the stage of reporting a criminal offence

death row
3 judge bench

Despite murdering wife and 4 children Hon’ble Supreme Court converted appellant’s death row into life sentence