This particular decision is held by the High Court Of Karnataka through the single bench of Justice M Nagaprasanna in the case of Imran Siddiqui v STATE OF KARNATAKA.
A complaint was registered on 01-05-2022 alleging that the petitioners have threatened the complainant and have extracted money and are demanding Rs.2 lakhs again. Based upon this, the petitioners were arrested and taken to custody. After the petitioners obtained bail another complaint was registered on 05-05-2022 with the same allegation by a different complainant.
Orders and judgements
“What merits consideration is the contention of the learned senior counsel that the complainants are ghost complainants as the allegation in the complaints is that extortion has taken place about 9 months before registration of the complaints. There is no explanation except saying that due to fear there is delay in registration of complaints.”
“If extraction had taken place on 13-09-2021, a complaint could not have been registered on 05-05-5022. Similar goes with the earlier complaint and if complaints are read in juxtaposition they are verbatim similar. In fact, a few paragraphs are copied and pasted between the complaints registered on 01-05-2022 and 05-05-2022. Therefore, the very registration of crime or the happening of the incident becomes doubtful, as delay in registering the complaints gives rise to embellishment to a particular complaint.”
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Judgement reviewed by- Mohammed Shoaib