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TMI Blog2013 (6) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... writ petition Under Article 32 of the Constitution praying for quashing of KIR No. 88 of 2013 registered on 19th April, 2013 at MRA Marg Police Station, Mumbai in which they have been Accused for offences Under Sections 384, 441 and 120B, Indian Penal Code. 2. We have read the FIR which has been annexed to the writ petition as Annexure P-7 and we find therefrom that the complainants have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits 'extortion'. Hence, unless property is delivered to the Accused person pursuant to the threat, no offence of extortion is made out and an KIR for the offence Under Section 384 could not have been registered by the police. 3. We also find on the reading of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere was a business transaction between the Accused persons and the complainants. Hence, if the Accused persons have visited the premises of the complainants to make a demand towards their dues, we do not think a case of 'criminal trespass' as defined in Section 441, Indian Penal Code is made out against the Accused persons. 4. Section 120B, Indian Penal Code will be attracted only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Notwithstanding the said guaranty Under Article 21 of the Constitution, in this case, the Mumbai police acted on the FIR of the complainants, which we have found to be baseless. 6. For the aforesaid reasons, we quash the impugned FIR and we further direct that if the passport of any of the Petitioners has been impounded on account of the impugned FIR which we have quashed, the same shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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