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...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 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...on the basis of a false promise to marry, had physical relationship with her. Subsequently, he refused to marry her alleging offences punishable under Section 376 (2) (n) of IPC and...
...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 ...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...the appellant under Section 376 IPC and sentenced to seven years' rigorous imprisonment and imposed fine to the tune of Rs. 5000. In default of payment of fine, he was directed to undergo rigorous...
...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 ...
...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...Town Police Station, Ramanathapuram District.
Crime No.158/2023. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C...
Crl.O.P.(MD) No.12342 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.08.2024...
.... 109, 34 of IPC and Crime No. 269 of 2004 for the offences under Sections 448, 342, 323, 379 of IPC and filed final reports as ‘Mistake of Fact’ Thereafter the petition...Common Prayer: Criminal Original Petitions filed under section 482 of Criminal Procedure Code, to direct the first respondent to transfer the investigation in Crime Nos. 270 of 2004 and...to nab the accused.2. The learned Government Advocate(Crl. Side) submitted that a case has been registered in Crime No. 270 of 2004 for the offences under Sections 147, 323, 453 r/w...
...petitioner, a case in Crime No. 18 of 2015 on the file of the respondent Police for offences punishable under Sections 406 and 420 IPC has been registered and it was closed as mistake of ...Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C, praying to direct the respondent police to register an FIR on the basis of the complaint...given by the petitioner dated 07.07.2015 under appropriate provisions of law.R. Mala, J.:— The petitioner has come forward with this petition seeking for a direction, directing the...
...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...PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents and their men not to harass the petitioner and his family members on the guise of...
.... 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...
2.Jegan ... Respondents
PRAYER : Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records in Crl.M.P. No...
...during the course of trial relying upon the testimony of the three witnesses of fact has committed no mistake in issuing process under Section 307 IPC against the petitioners in exercise ...@ Kaloot), under sections 323, 324, 307, 504, 506 IPC, P.S Lalkurti, District Meerut pending in the court of Special Chief Judicial Magistrate, Meerut....Initially the charge sheet was submitted against the petitioners under sections 323, 324, 504, 506 IPC and the cognizance of the offence was taken against them by the...
...Sections 420, 468, 471, 506(1) IPC, was closed as 'mistake of fact', and hence the petitioner approached the Judicial Magistrate Court-II, Tindivanam by way of filing a protest petition in C.M.P.No...Petition is filed under Section 528 of BNSS, 2023, to direct the respondent to investigate and to file final report in Crime No.20 of 2020 as per the order of learned Judicial Magistrate-II...
2. It is seen from the records that earlier the complaint given by the petitioner, which was registered as Crime No.20 of 2020 for the offences punishable...
...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...This petition has been filed seeking direction to transfer the investigation in Crime No.496 of 202 pending on the file of 2nd respondent to https://www.mhc.tn.gov.in/judis...
...who has attained the age of majority on a bonafide belief that the accused will marry her, offers herself for physical relationship from which the accused withdrew, later cannot term it as a mistake of fact thereby...with whom she was deeply in love on a promise that he would marry her on a later date, cannot be said to be given under a misconception of fact, falling within section 90 IPC. In Deepak Gulati...under Section 376 and cannot be based on a mistake of fact.10. Having regard to this, I am satisfied that the offence punishable Section 376 will not lie from the facts now made available...
...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...
...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...This petition has been filed to direct the respondents police to re-investigate the matter in Crime No.634 of 2015 dated 08.12.2015 afresh and thereafter file a complete...
...| 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...
...Sub Inspector of Police, Finger Print Bureau. Already there had been a case against him for the offence under Section 420 IPC and it was closed as mistake of fact.
2/4...is the sole accused. The case had been registered based on the complaint given by the second respondent/defacto complainant for the offence under Sections 294(b) and 323 IPC and Section 4 of Tamil...
2.Valarmathi ...Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records relating to the FIR in Crime No.569 of 2023 on the file of the...
...'voluntary'; whether consent means 'unequivocal agreement'; whether the 'unequivocal' aspect of section 375 IPC is different from 'mistake of fact' under section 90 IPC; whether 'communic...marriage, hence would not be an offence under Section 376 of the IPC.
3. If principally, the ratio as propounded by the Hon'ble Apex Court in the judgment of Sonu (Supra...), is considered to oust an offence under Section 376 of the IPC, the governing circumstances as provided therein, is given in
1...
...lodged by the petitioner, an FIR in Crime No. 128 of 2014 had been registered, for the offences under Sections 147, 294(b), 323 and 506(i) IPC. After investigation, the same was closed as mistake of...directed to file final report in Crime No. 128 of 2014 for the offences under Sections 147, 294(b), 323 and 506(i) IPC 3.The learned Government Advocate (Crl.Side) submitted that based on the complaint...of Police, Velliyanai Police Station, Karur District
: Respondent
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court...
..., C.I.D, Crime Branch, Orissa, Cuttack. After thorough investigation of the case, as per the order of the Addl. D.G.P, Crime, C.I.D, Orissa Final Report as mistake of fact under Section 302/34, ...cognizance by learned Magistrate under Section 304, part-II read with Section 149 of the IPC is absolutely a misconceived one in view of the fact that he has only acted on...under Section 304, part-II/34, IPC against him.2. The facts as revealed from the F.I.R are that on the date of occurrence the informant's son Thabir Majhi was...
...the pendency of the departmental enquiry, a crime was also registered against the petitioner in crime No. 384/2017 by the Narasaraopeta Police Station Under Sections 420, 409, 468, 471 IPC and the same...was closed as mistake of fact after due investigation on 08.06.2021. The said closure report was also informed to the 2 & 3 respondents.
4. On the other hand, the learned Assistant...the enquiry report, non proving of the charges, and closure of the above said crime dated 08.06.2021 as ‘mistake of fact’, the disciplinary authority of the respondents shall take note of...