VIKAS TYAGI Vs. STATE

JUDGEMENT

(1.) BY this petition the Petitioner challenges order dated 23rd July, 2010 directing framing of charge against him for offences punishable under Section 394/307/34 IPC and an alternative charge under Section 364-A IPC. Learned counsel for the Petitioner contends that the dispute between the parties is essentially a civil dispute which has been given a colour of the criminal offence. The alternative charge of kidnapping for ransom is not made out. As there is no demand of ransom from any other person, the essential ingredient of the offence punishable under Section 364-A IPC is absent. Further the dispute between the parties only related to the execution of documents and hence the same cannot be made an offence for kidnapping as the parties were going for the registration of the documents. Even as per the role assigned no offence under Section 307 IPC is made out.

(2.) I have heard learned counsel for the parties.

(3.) HON'ble Supreme Court in Malleshi v. State of Karnataka, (2004) 8 SCC 95 held as under:-