CiteTEXT
...Section 375 IPC has to be understood differently, keeping in mind the provision of Section 90 IPC, according to which a consent given under fear/coercion or misconception/mistake of fact ...at all. Scheme of Section 90 IPC is couched in negative terminology. Consent is different from submission. (Vide Uday v. State Of Karnataka...sentence from seven years to five years for the offence punishable under Section 376 of the Penal Code, 1860 (hereinafter called as “IPC”).2. The facts and circumstances giving...
...Standing Order 588(A), and thereby conducted further enquiry on the above said ground and close the complaint under Mistake of Fact in Crime No.110 of 2021, dated 15.03.2021 u/s. 451, 457, 380 and 506(1) ...ground and close the complaint under Mistake of Fact in Crime No.110 of 2021, dated 15.03.2021 u/s. 451, 457, 380 and 506(1) of IPC pending on his file and consequently direct the...451, 457, 380 and 506(1) of IPC has been closed as "Mistake of Fact" by duly following the procedure laid down under the Police Standing Order 588(A).
3. In view of ...
...also contended that in the light of the above, there cannot be mistake of fact as contemplated under Section 90 of IPC and hence the decisions in Uday V. State of Karnataka...the complaint was laid on misunderstanding and the very fact that the parties have entered into a matrimonial relationship, cuts at the very root of the allegation of false promise to marry. It was...The petitioner herein is the accused in Crime No.148 of 2018 of Areakkode Police Station for offences punishable under Section 376 (2) (n) of IPC and Section 119 (b...
...Government Advocate(Crl. Side) appearing for the respondent police would submit that already a case has been registered in crime No. 666 of 2012 for offences under Sections 406, 420 and 506(i) of IPC.... After investigation the case was closed as ‘Mistake of Fact’, as against which the defacto complainant filed quash petition before this Court for further investigation and on direction issued by this...
...:“9. That according to Reports of National Crime Record Bureau in 2005, for a total 58,319 cases reported under Section 498A IPC, a total of 1,27,560 people were arrested, and...6,141 cases were declared false on account of mistake of fact or law. While in 2009 for a total 89,546 cases reported, a total of 1,74,395 people were arrested and 8,352 cases were declared false on...account of mistake of fact or law.10. That according to Report of Crime in India, 2012 Statistics, National Crime Records Bureau, Ministry of Home Affairs showed that for the...
...Inspector of Police, Kondalampatti Police station filed final report in Crime No.385 of 2011 and referred the complaint as mistake of fact on the complaint of the respondent registered in Crime No...complaint, since the complaint made by the respondent before the Kondalampatti Police Station, registered in Crime No.486 of 2011, under Sections 147, 294(b) ,341, 323 IPC was referred as mistake-of-...Sections 147, 294(b), 341 and 323 of IPC., after investigation closed as mistake-of-fact, on 03.10.2011. Thereafter, the above private complaint was filed belatedly and cognizance was taken only during 201...
...Information Report in Crime No. 496 of 202 for the offence under Sections 294(b) and 506(i) of IPC and after investigation the same was closed as Mistake of Fact on 03.2.202. Therefore no...would submit that as per the direction of the learned Judicial Magistrate No.I, Ramanathapuram in Cr.M.P.No.29 of 202 dated 25..202 under Section 56(3)of Cr.P.C the second respondent registered First...
..., IPC runs thus:“79. Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a ...the film, does it furnish a justification in law in doing the act which, in the absence of such certification, may constitute an offence under Section 292 IPC?4. Section 79...mistake of fact in good faith believes himself to be justified by law in doing it” then also, the exception operates and the bona fide belief, although mistaken, eliminates the culpability. The...
...Crime No.127 of 2019 for the offences under Section 427 and 379 of IPC. However, the first respondent closed the said complaint as mistake of fact and also served RCS notice to the petiti...the case on hand, after closing the FIR as Mistake of Fact, the first respondent served RCS notice to the petitioner. On receipt of the same, the petitioner has filed a private complaint under...of 2019 has been closed as mistake of fact.
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6.Considering the facts and the circumstances of this case, the order passed in...
...learned Government Advocate (Crl.Side) has submitted that on the complaint of the petitioner, a case was registered in Crime No.634 of 2015 for the offence under Sections 454 and 380 of IPC. After...enquiry, the case has been closed as mistake of fact on 19.09.2019. RCS notice in RCS.No.17 of 2019 was served to the petitioner on 21.09.2019. / 4. In the presence of the...final report. 2. The petitioner / defacto complainant has filed this petition for further investigation in Crime No.634 of 2015. 3. The...
...FIR was belatedly filed with charges under Sections
420 and 511 IPC; that later the complaint was disposed of by the Metropolitan
Magistrate, Madurai as mistake of fact; that the respondent alle...which was later referred as ` mistake of fact'; that
the respondent has wrongly concluded that the business activities of the
petitioner would fall under the purview of the Act; that the second...that the
business of the petitioner would fall under the purview of the Act and
requested to produce all the records of the petitioner; that on 19.1.2003, the
second respondent had taken into...
...police. The case of the petitioner in Crime No.158 of 2023, registered for the offences under Sections 294(b) and 506(1) IPC, is closed as mistake of fact on 06.08.2023 and in the counter....The learned Government Advocate (Crl.Side) appearing for the respondent police submits that this case was registered as a counter case to the crime No.156 of 2023, on the file of the respondent...
...506(ii) of IPC had been referred as "Mistake of Fact" and negative final report to that effect was laid before the Court of the learned District Munsif-cum-Judicial Magistrate, Kunnam. He further...Government Advocate (Crl. Side) submitted that the FIR in Crime No.757 of 2021 relating to the registration of case against the Petitioner herein for the alleged offences under Sections 294(b), 324 and...report that the FIR in Crime No.757 of 2021 had been referred as the "Mistake of Fact", nothing survives for further adjudication in this Petition and therefore, this Petition is closed. Consequently...
.... Therefore, a complaint was lodged and the same was registered in Cr.No.102 of 2016 for the offence punishable under Sections 294(b), 323 IPC. However, the same was closed as mistake of fact o.../4
petition for closing of case as mistake of fact by the concerned police. Therefore, the trial Court rightly dismissed the complaint and this...
...2010 was registered for offences under Sections 423 and 465 IPC and after thorough investigation, the police have closed the same as ‘mistake of fact’ as early as on 16.06.2010 after service of RCS...complainant cannot seek re-investigation via 482 Cr.P.C in respect of a case which has been closed as ‘mistake of fact’ as early as 2010. However, this Court perused the closure report filed by the police in...-person and the learned Additional Public prosecutor for the respondent.3. It is seen that on the complaint given by the petitioner, a case in Valathy Police Station Crime No. 193 of...
...| conducting proper investigation, have filed a final report stating that it is a mistake of fact. He submits that when there is a clear case that the son of petitioner has committed suicide after visiting the hous...that the police have to conduct a detailed investigation and though there is a prima facie case made out under Section 306 IPC, referring the case as mistake of fact, the police have closed this case...closed the case as mistake of fact. Learned counsel...
...(ii) IPC and the respondent Police has closed the same as mistake of fact, then, the respondent Police ought to have served a RCS notice on the petitioner/complainant. The petitioner/ complainant is...notice.
3. If a criminal case in Crime No.327 of 2014 has been registered based on the complaint given by the petitioner for the offence under Sections 406, 420 and 506...event, if the case in Crime No.327 of 2014 has been closed as mistake of fact, the respondent Police shall serve a copy of the report to the petitioner/complainant enabling him to work out his remedy...
...of the Complaint the Station House Officer of Saravanabati Police Station had registered a case in Crime No. 291 of 2008 under Sections 147, 342, 506(ii) and 384 of IPC....levelled against the Respondent were false and untrue, and therefore, the Investigating Officer had referred the case as mistake of fact and the referred charge-sheet was also sent to the Court...Instruments Act.5. When the matter stood thus that on 27.03.2008 on the basis of a Complaint lodged by the First Petitioner herein a case in Crime No. 291 of 2008 under...
..., Dindigul, as against the petitioner and the first respondent registered a case in Crime No. 129 of 2017 for the offences under Sections 420, 506(i) of IPC and closed the case as ‘mistake of ...consequences. Though, his complaint was initially registered by the first respondent subsequently closed as ‘mistake of fact’. The petitioner is being powerful person, the police officials close the complaint. Now, the lear...the FIR as ‘mistake of fact’ and filed closure report before the learned Judicial Magistrate II, Dindigul, dated 16.06.2017. As against which, the second respondent filed protest petition. After conducting enquiry found tha...
...case and closed the case in Cr. No.40 of 2020 as 'mistake of fact' and filed final report as against these petitioners under Sections 147, 294(b), 323 and 506(2) of IPC.
...(2) of IPC.
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In fact, the respondent police have not conducted proper investigation and a counter complaint...has also been given by the 4thpetitioner as against the defacto complainant's family in Cr. No.40 of 2020 and thereafter, the said FIR was closed as 'mistake of fact' and against which...