Ramprakash Rajagopal

773 Articles
section 362
Cr.P.C

Though the criminal Court has no power to review or alter its own judgment or order Hon’ble Supreme Court has provided exceptions to section 362 Cr.P.C

section 319
Cr.P.C

Section 319 Cr.P.C is an exception to the general rule that the accused shall face trial only through a final report and if evidence implicating new accused court is duty bound to act on it

section 313
Acquittal

Acquittal: Trial court did not question accused as per the mandate of section 313 Cr.P.C but in a mechanical manner which causes prejudice to the accused

conduct
Acquittal

Types of conduct of witnesses is explained in detail

suspension
Acquittal

Suspension of sentence should be considered by the appellate court liberally in fixed-term sentence unless there are exceptional circumstances

summoning new accused
BNSS

Settled: Under section 193 Cr.P.C the Court of Sessions has the power to summon a person as accused to stand trial even if he has not been charge-sheeted

juvenile
Evidence

Records maintained by the private school is not public documents and the head master/principal is not public servant

quash
Acquittal

Quash: Appellants while conducting the rally and dharna did not engage in any form of obstruction of the road

156(3)
BNSS

Magistrate ordinarily would not entertain application u/s 156(3) Cr.P.C without first approached the police authorities but he can direct investigation u/s 156(3) Cr.P.C if the complaint discloses cognizable offence

General

N.I Act: If a cheque is deposited in the branch (bank) it is deemed to be presented where the account holder holds the account

complaint
Corruption Laws

Courts are not powerless they may permit amendments to the complaint even after cognizance has been taken

Acquittal

Complaint filed under section 138 N.I Act is maintainable even Partnership Firm is not named as accused