M/S BALAJI TRADERS versus THE STATE OF U.P. & ANR.

M/S BALAJI TRADERS versus THE STATE OF U.P. & ANR.

Section 387 IPC criminalizes the act of putting a person in fear of death or grievous hurt in order to commit extortion and does not require that extortion (delivery of property) be completed; the High Court erred in quashing the summoning order by importing the delivery requirement of Section 383 IPC into Section 387 IPC. The complaint prima facie disclosed the essentials of Section 387 (fear by pointing a gun and doing so to pressurize delivery of Rs.5 lakhs), hence quashing was inappropriate and the proceedings were restored.

Parties
Appellant/complainant: M/s Balaji Traders; Respondent: The State of U.P. & Anr.
Jurisdiction
India
Judgment Date
05 June 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Extortion, Section 387 IPC, Quashing of Proceedings, Power of High Court Under Section 482 Cr PC, Ingredients of Offences
Criminal Law Criminal Procedure Interpretation of Penal Statutes Evidence Extortion Section 387 IPC Quashing of Proceedings Power of High Court Under Section 482 Cr PC +1 more

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Parties

M/s Balaji Traders

Appellant/complainant

The State of U.P. & Anr.

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether absence of delivery of property (ingredient of Section 383 IPC) precludes prosecution under Section 387 IPC and justified quashing of summoning order

Ratio Decidendi

Section 387 IPC criminalizes the act of putting a person in fear of death or grievous hurt in order to commit extortion and does not require that extortion (delivery of property) be completed; the High Court erred in quashing the summoning order by importing the delivery requirement of Section 383 IPC into Section 387 IPC. The complaint prima facie disclosed the essentials of Section 387 (fear by pointing a gun and doing so to pressurize delivery of Rs.5 lakhs), hence quashing was inappropriate and the proceedings were restored.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order dated 28.06.2024 set aside
  • Proceedings emanating from Complaint Case No.58 of 2022 under Section 387 IPC restored to the file of the Trial Court