KAPIL GARG Vs. STATE

JUDGEMENT

(1.) . Through the above mentioned petitions the legality as well as validity of the impugned order dated 2nd November, 2002 passed by Ms. Kamini Lau, Metropolitan Magistrate has been challenged.

(2.) . Bare facts and perusal of the order show that erroneous approach has been adopted by the learned Metropolitan Magistrate in not accepting the report submitted by the Investigating Officer for closure of the case due to insufficiency of evidence and that no case of extortion and criminal intimidation as punishable under Sections 386/506/34 IPC is made out against the petitioners who are Senior Doctors of Mool Chand Hospital. They have been accused of forcing the respondent Dr. Rajiv Johri to submit resignation else his services would be terminated and employing threat that if he would not resign, they would send letters to all the hospitals informing about his termination and thereby he would not get job anywhere.

(3.) . This act on their part has been brought by the MM within the mischief of "extortion" and "criminal intimidation". Offence under Section 386 IPC punishes a person who puts any other person in fear of death or grievous hurt for the purpose of dishonestly inducing the person to deliver to him any property or valuable security or anything signed or sealed which may be converted into a valuable security. Offence under Section 506 IPC prescribes punishment for "criminal intimidation". Mischief of "criminal intimidation" means giving threat with an intention to cause any injury to any person or his reputation or property.