‘Putting Person In Fear Of Injury Should Be Essential U/S 385 IPC’: Karntaka High Court
The Karnataka High Court passed a judgment on 23rd February, 2023 has quashed an extortion complaint against a man who was accused of threatening the complainant, stating that he is a RTI/RSS activist and would hinder the function if he is not paid the sum of money. This was in the case of N HANUMEGOWDA V. STATE OF KARNATAKA (Writ Petition no. 15546 of 2019 (GM-RES)) and this is presided over by a single judge bench of JUSTICE HEMANT CHANDANGOUDAR.
FACTS OF THE CASE:
This writ petition is filed under articles 226 and 227 of the constitution of India read with section 482 of code of criminal procedure, 1973. When C.W.5 and 6, on the instructions of C.W.1 were preparing for the inauguration of the buildings, when, the accused arrived at the spot and said that, the building was constructed without prior permission and asked for the relevant documents and also stated that he is an RTI and RSS activists, and if a sum of Rs.2,00,000/- is not paid, he will make sure that the Chief Minister and other dignitaries will not attend the inauguration, and he will impede the commencement of inauguration. Learned counsel appearing for the petitioner contended that the allegations doesn’t constitute an offence under Section 384 of IPC as the defacto complainant parted with the money, and that the petitioner-accused induced the defacto complainant and put him in fear to deliver the money which is alleged to have been demanded by the petitioner-accused. The counsel of the respondent side contended that “parting of money is not an essential requirement to constitute an offence under Section 384 of IPC, and to constitute the said offence, it would suffice, if a person is put in fear with an intention to induce the person to part with the money.”
The Court held that to constitute an offence punishable under Section 385 of IPC, a person must put any other person in fear of any injury. In the instant case, there is no material placed along with the charge sheet that, the petitioner has put the defacto complainant in fear of any injury in order to commit extortion. The continuation of the criminal proceedings against the petitioner will be an abuse of process of law.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
JUDGEMENT REVIEWED BY PRATIKSHYA P. BEURA