Chandigarh: The Punjab High Court and Haryana have explained that allegations that are unclear by the defendant that he will take revenge by filing a false complaint, unable to achieve criminal intimidation.
It also explained that the implementation of the power under the part 482 CRPC for the termination of the FIR has not been completely excluded where the report below part 173 CRPC is not submitted.
“These strength must be done saving and there is no formula straitjacket that can be set where the situation and when the power can or must be implemented,” HC has observed.
Justice Vikas Bahl passed this order while hearing the petition submitted by Gurmail Singh from the Sangrur district in Punjab.
Applicants have been seeking Arrangement of FIR No.
236 September 15, 2021 below section 384 (extortion), 511 (efforts to commit violations) and 506 (criminal intimidation) IPC, registered at the Lehra Police Station in Sangrur.
Fir they were registered with the Jagdeep Singh complainance statement.
In accordance with the complaint, by 2020, one Gurjit Singh told the complainant that the girl’s’ S ‘(the name of being held) demanded money by squeezing the Gurjit and the complainant, becoming an advocate, suggested that he get a registered case in’.
And according to the suggestions provided by the complainant, Gurjit gets a case listed below the Section 384 IPC against ‘S’ and it is the applicant who helps him get a guarantee and then provokes him to register a fake case against the complainant.
But ‘s’ refused to do it and get a rape kasing only against Gurjit, which was then canceled because it was found wrong.
Furthermore, the presentation, the Petitioner, in Convance with others, demanded RS14 Lakh from the complainant and threatened that in this case, the number was not paid, a fake rape case would be registered with a complainant.
On the basis of the complaint, FIR is currently registered.
Looking for FIR stops, the Petitioner argues that this FIR registration is misuse of the total court process.
“Even the allegations of the effect that the applicant demanded RS14 Lakh and threatened the complainant to involve in the case of false rape if the amount was not paid, it was unclear …
there was no detail done or when the published threat was mentioned in the FIR and with any level, it would not It is a violation and it seems only made to get fake FIR currently registered for the reason Mala Fide to harass the applicant at this time, “HC was told.
Advice for the country against the current petition for the termination of FIR and delivered that the petition is currently properly dismissed in the field that the accusation sheet below the part 173 CRPC in this case has not been submitted.
After hearing all parties, HC argues that there is no open action alleged in FIR and vaguely states that the applicant threatens to involve complainants in the wrong rape case and thus, in accordance with the principles of settled legal, provisions part 506 IPC Will not be interested even if the accusation leveled on the FIR is taken at the value of his face.
“Even in connection with extortion violations / efforts to be squeezed, it was clear that the accusation was taken far, there was no allegation of false cases that had been registered even today and thus, the question of making money is too far away.
In the case, on the basis of the accusation, the FIR registered , then it will be very easy for anyone to involve other people by just making accusations that are unclear, more, when there are previous hostilities between the parties.
Thus, according to the opinion of this court, Cemara currently has no legs to stand, “observes HC when setting aside FIR that enrolled against the applicant.
At the satisfaction made by the state that FIR cannot be canceled because the load sheet has not been submitted in this case, HC makes it clear that the entire material, which is needed for the adjudication of this case, is before this court and cannot be said that the facts are incomplete so waiting load sheet.