In Brief
M/s. Balaji Traders sought to restore criminal proceedings against Sanjay Gupta, accused of threatening the complainant with a gun and demanding Rs. 5 lakhs monthly to allow continuation of business. The Trial Court issued summons under Section 387 IPC (putting person in fear of death or grievous hurt in order to commit extortion). The High Court quashed the proceedings, reasoning that since no money was actually delivered, extortion was not completed and Section 387 IPC could not apply. The Supreme Court held that Section 387 IPC criminalizes the process of putting someone in fear of death or grievous hurt to commit extortion, distinct from Section 384 IPC which addresses completed extortion. Delivery of property is not an essential ingredient of Section 387 IPC. The two essential ingredients—putting the complainant in fear of death and doing so to pressurize payment—were prima facie disclosed. The Court allowed the appeal, set aside the High Court's quashing order, and restored proceedings to the Trial Court.",
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