Ramprakash Rajagopal

812 Articles
cheating and criminal breach of trust
Acquittal

Cheating & Criminal Breach of Trust: If there is no entrustment of property criminal breach of trust would not arise but cheating may attract [Directions to police and magistrates to examine contents if complaint involved cheating or criminal breach of trust]

In economic offences affecting large number of people court may impose strict and additional conditions for bail and Anticipatory bail
Acquittal

In economic offences affecting large number of people court may impose strict and additional conditions for bail and Anticipatory bail

Section 216 CrPC does not give any right to the accused to file a fresh application seeking his discharge after the charge is framed and also no revision lie inasmuch as it is an interlocutory order
Cr.P.C

Section 216 CrPC does not give any right to the accused to file a fresh application seeking his discharge after the charge is framed and also no revision lie inasmuch as it is an interlocutory order

3 judge bench

Cognizance: To take cognizance under section 186 IPC procedure under section 195(1)(a)(i) of the Cr.P.C shall be followed

Section 193 IPC: Affidavit: Since no malafide intention is in the statement mere suspicion or inaccurate statement in the affidavit does not attract the offence of perjury
3 judge bench

Section 193 IPC: Affidavit: Since no malafide intention is in the statement mere suspicion or inaccurate statement in the affidavit does not attract the offence of perjury

forgery
General

Forgery: Who is the culprit [appellant or respondent] shall be decided only during the trial and using inherent powers under section 482 Cr.P.C and Apex Court advised Two wrongs do not make a right

closure of bank account
General

Section 138 N.I Act: Closure of the bank accounts within a few weeks of issuance of the cheque raises serious questions about the conduct and intent of the respondent

section 531(2)(a)
Ad. Ramprakash Rajagopal

The word ‘APPLICATION’ under Section 531 (2) (a) BNSS 2023: My view

sentence reduced
3 judge bench

Murder: Section 304 II IPC: No evidence show that the appellant has taken undue advantage or acted in cruel or unusual manner

kolkatta rape case
3 judge bench

Guidelines issued on Prevention of violence against medical professionals and providing safe working conditions

onerous condition
Acquittal

Conditions on AB: No impossible and Impracticable conditions shall be imposed while granting Anticipatory bail

Evidentiary value of fir: First version of the incident narrnated by police witness has to be treated as fir and the subsequent information lodged by the informant is hit under section 162 Cr.P.C
Acquittal

Evidentiary value of fir: First version of the incident narrated by police witness has to be treated as fir and the subsequent information lodged by the informant is hit under section 162 Cr.P.C