Offence U/s. 384 IPC Requires That A Person Is Put In Fear Of Injury: Karnataka HC Quashes Extortion Case Against Person Who Allegedly Claimed To Be RSS Activist
The Karnataka High Court recently quashed an extortion case registered against N. Hanumegowda, who allegedly claimed that he is an RSS activist.
The Court noted that no material was placed along with the charge sheet that the petitioner put the defacto complainant in fear of any injury in order to commit extortion.
“To constitute an offence punishable under Section 384 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.”, Justice Hemant Chandangoudar noted.
The accused-petitioner had allegedly demanded a sum of Rs. 2 Lakh from two persons who were preparing for the inauguration of a building. It was alleged that the accused came to the spot and stated that the building is constructed without permission. It was further alleged that he had threatened to stall the inauguration.
Following this, cognizance was taken by the magistrate for the aforesaid offence.
Advocate GR Mohan appeared for petitioner whereas Advocate Vinayaka VS appeared for the State.
The Court noted that there is no allegation that the accused put the defacto complainant in fear of injury intentionally and thereby induced the defacto complainant to deliver the money.
The Court held that in the absence of any essential ingredients so as to constitute the commission of offence punishable under Section 384, the cognizance taken by the Magistrate is impermissible.
Accordingly, the Court allowed the petitioner and quashed the case.
Cause Title- N. Hanumegowda v. State of Karnataka & Anr.