Ramprakash Rajagopal

827 Articles
no recall
Acquittal

Criminal court has no power to recall or review its own judgment except to correct or rectify clerical errors by virtue of Section 403 BNSS (section 362 Cr.P.C)

cheque case directions
Cr.P.C

Cheque cases courts need not summon the accused before taking cognizance since NI Act is a special enactment

bail
Cr.P.C

Accused were permitted to leave the court without any formal order of release or even without taking a bond under section 88 of the Code

murder case acquittal
Acquittal

Murder case: Acquittal: Not disclosing an important fact to the police assumes great importance and is highly suspicious

clubbing firs
BNSS

Prayer regarding clubbing of present interstate FIRs and also the future FIR is overambitious and outright illegal

section 451
BNSS

In money claim matters appropriate ownership of the sum of money can be determined only after all the evidence is taken and not at the stage of FIR

notice
Acquittal

Quash: NI Act: If the notice amount is different from the cheque amount then cheque proceedings are bad in law and the defence of typographical error is irrelevant

fight
Acquittal

Acquittal: Animosity between the parties is not sufficient to prove the crime either direct or circumstantial

disproportionate asset
Acquittal

PC Act: Mere registration of disproportionate assets in the name of public servant’s relative or friend does not make that person guilty of abetment [dissenting version in judgment]

quash remand order
Acquittal

Timely Quash order

Witness
Acquittal

Witness Protection Scheme, 2018 has no role to play in cancellation of bail on the ground of threatening the witnesses

sica and 138
General

SICA does not create any legal bar to file criminal case against a SICK company or its directors as per s. 138 N.I Act