Sunday , November 24 2024

High Court

Prayagraj, June 28 (HS). The Allahabad High Court has said that if the money is not paid, then Section 387 of the Indian Penal Code does not constitute the crime of extortion by intimidation.

Along with this, the court has cancelled the criminal case proceedings going on in the Additional Sessions Court in Jalaun, Orai against betel nut gutkha businessman Sanjay Gupta alias Sanjay Mohan by Manoj Kumar Agarwal, proprietor of M/s Balaji Traders. The court said that since the money was not paid, a case of extortion against the petitioner does not stand.

This order has been given by Justice Saurabh Shyam Shamshery while accepting Sanjay Gupta's petition filed under Section 482. It is known that the opponent Manoj Kumar Agarwal complained about the incident of 22 May 22 in Orai Kotwali. When the FIR was not registered, a complaint was filed under Section 156 (3). On which the court had summoned the petitioner by issuing a summons. The validity of which was challenged.

The petitioner was accused that when the complainant was going from the market, the petitioner parked his car in front of the opponent's scooter. He threatened at gunpoint to stop selling betel nut and gutkha. And if you want to run, then give him five lakh rupees every month.

The petitioner said that the case has been filed falsely. The complainant did not give any money. Therefore, the crime of extortion does not arise. On which the court has cancelled the criminal case.