Supreme Court of India
M/s Balaji Traders v. The State of U.P. & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that the instant case is not fit for quashing as the two essential ingredients for prosecution under Section 387 IPC, as discussed supra have been prima facie disclosed in the complaint, (a) that the complainant has been put in fear of death by pointing a gun towards him; and (b) that it was done to pressurize him to deliver Rs.5 lakhs.
Judgment, page 16
From the headnote
Issue for Consideration Whether the High Court was justified in observing that since no offence of extortion u/s.383 IPC is made out, consequently, no offence u/s.387 IPC would be made out. Headnotes† Penal Code, 1860 – ss.383, 387 – On 22.05.2022, when the complainant was heading towards his house, the accused, along with three unknown persons carrying rifles in their hands, stopped and threatened him to close down his business of betel nut – They further threatened that he could carry on the business only if he would pay five lakhs per month to the accused person – On the complainant’s
Authorities it was built on
- 1990 State of Haryana and Ors v. Ch. Bhajan Lal and Ors.
- 2007 Inder Mohan Goswami and Anr. v. State of Uttaranchal and Ors.
- 2021 Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and Others
- 1954 Tolaram Relumal and Another v. The State of Bombay
- 2008 R. Kalyani v. Janak C. Mehta and Ors.
- 2009 Dalip Kaur & Ors. v. Jagnar Singh & Anr.
- 1986 R.S. Nayak v. A.R. Antulay & Anr.
- 2007 Dhananjay @ Dhananjay Kumar Singh v. State of Bihar and Anr.
- 1975 Dilip Kumar Sharma & Ors. v. State of Madhya Pradesh
- 1996 Gursharam Singh v. State of Punjab
- 2016 Somasundaram @ Somu v. State Rep. by Dy. Comm. of Police
Where later benches applied it
Of those, 1 mentioned
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