- (1.) THIS revision petition under Section 397/401 Cr. P. C. is directed against the order dated 22. 10. 2005 passed by the learned Civil Judge (Junior Division) cum Judicial Magistrate, Ist Class, Nasirabad District Ajmer in Criminal Case No. 685/2003 whereby he has dismissed the application filed by the petitioners and framed the charges against them for the offences under Sections 384 and 506 IPC.
(2.) BRIEF facts giving rise to this revision petition are that on 16. 9. 2003 complainant Laxmi Narain lodged a report at Police Station Mangaliawas Distt. Ajmer alleging therein that he is a member of Prajapat community. Some persons of the community have constituted an illegal organization which is indulging in humiliating the members of the community. They have also imposed heavy fines. It is alleged that the persons named in the First Information Report including the petitioners have been torturing the complainant for last about 10 years on account of the marriage of his sister Bhanwari Devi. His father was humiliated and kept standing in the sun for hours in the presence of 150-200 persons and was imposed a fine of Rs. 2,000/- directing him to deposit the same in Pushkar temple. The persons of the community have been warned not to keep relations with him and his family. It is further alleged that they have now directed him to deposit a sum of Rs. 1 lac for his re-entry into the community. On the basis of the aforesaid report, an F. I. R. No. 181/2003 was registered for the offences under Sections 384, 385, 388, 389, 500 and 143 IPC. After investigation, charge-sheet was filed against the petitioners for the offences under Sections 384 and 506 IPC. The petitioners moved an application before the learned Magistrate praying therein to recall the order of taking cognizance and to drop the proceedings against them. But the same was dismissed vide impugned order dated 22. 10. 2005 and charges were framed against them for the offences under Sections 384 and 506 IPC as indicated above. Hence, this revision petition. It is contended by their learned counsel that no offence what-so-ever has been made out from the materials available on record. It is further contended that as per the allegations in the First Information Report, the incident too, place between the period 1993 and 1997. The alleged offences are punishable with imprisonment for not more than three years and, therefore, the cognizance for these offences having been taken beyond the period of three years, the same is un-sustainable as it was time barred under the provisions of Section 468 IPC. Learned counsel has referred to the cases of Khalil and Ors. vs. State of Raj. & Anr. (2002 WLC (Raj.) UC 290) and Vena Ram & Ors. vs. The State of Raj. (2002 WLC (Raj.) UC 291 ). Learned PP has opposed the contentions. He has submitted that the learned court below has rightly framed the charges against the accused persons. According to him the authorities referred to by the learned counsel for the petitioners are distinguishable on facts. I have considered the rival submissions made at the bar and have perused the relevant documents placed before me as also the authorities referred to above. It may be stated at the outset that in Khalil and ors. vs. State of Rajasthan (supra), this Court was considering whether the Resolution excommunicating the petitioners amounted to an offence under Section 500 IPC. No such case is under consideration in the instant petition.
(3.) IT is true that in Vena Ram & Ors. vs. The State of Raj. (supra) it is held that charge under Section 384 IPC is not sustainable if the property is not delivered by the person extorted and in the instant case also no property is alleged to have been delivered by the persons extorted to the accused petitioners. In order to appreciate the contention of the learned counsel for the petitioners it would be pertinent to reproduce Section 383 IPC which defines "extortion" and it reads as under:- " S. 383. Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion. " A bare perusal of the aforesaid Section makes it plain that the emphasis is on the words dishonestly induces a person" and not on the words to deliver to any person. " Illustration (a) appended to the aforesaid Section makes it all the more clear. It is reproduced as under:- " (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion. " In Ram Chandra vs. State of U. P. : AIR 1957 SC 381 a boy was kidnapped and threatening letters demanding ransom were sent to his father stating that unless ransom was paid they would murder the boy. The Hon'ble Apex Court has held that it is kidnapping and extortion. ;