2013 (6) TMI 875

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....filed this writ petition Under Article 32 of the Constitution praying for quashing of KIR No. 88 of 2013 registered on 19th April, 2013 at MRA Marg Police Station, Mumbai in which they have been Accused for offences Under Sections 384, 441 and 120B, Indian Penal Code. 2. We have read the FIR which has been annexed to the writ petition as Annexure P-7 and we find therefrom that the complainants ha....

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....erson any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits 'extortion'. Hence, unless property is delivered to the Accused person pursuant to the threat, no offence of extortion is made out and an KIR for the offence Under Section 384 could not have been registered by the police. 3. We also find on the reading of the KIR,....

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....as a business transaction between the Accused persons and the complainants. Hence, if the Accused persons have visited the premises of the complainants to make a demand towards their dues, we do not think a case of 'criminal trespass' as defined in Section 441, Indian Penal Code is made out against the Accused persons. 4. Section 120B, Indian Penal Code will be attracted only if two or mo....