VENA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the accused petitioner against the order dated 19.7.2001 passed by the learned Additional Chief Judicial Magistrate, Sojat in Criminal Original Case No. 43/2001 whereby the learned Magistrate ordered to frame charges for offence under Sections 384 and 506 I.P.C. against the present accused petitioners.

(2.) IT arises in the following circumstances:

(3.) AGGRIEVED from the order dated 19.7.2001, this revision petition has been filed and in this revision petition, the main submission raised by the learned Counsel for the accused petitioners is that since Rs. 5000/ - were not paid by the complainant Sohan Lal, therefore, no case for offence under Section 384 I.P.C. was made out against the accused petitioners as the essence of offence of extortion is actual delivery of possession of property by the person put in fear and the offence is not complete before such delivery and, therefore, it has been prayed that charge for offence under Section 384 I.P.C. be quashed.