Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 7471 of 2009 ====================================================== 1. Shambhu Nath Pandey, Son of Late Baban Pandey. 2. Bhupendra Kumar Pandey, Son of Shri Shambhu Nath Pandey. 3. Arvind Kumar Pandey, Son of Shri Shambhu Nath Pandey. 4. Harendra Kumar Pandey, Son of Shri Shambhu Nath Pandey. Resident of Village-Garkha, P.S.-Garkha, District-Saran. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Upendra Nath Pandey, son of Late Dudhnath Pandey, resident of Garakha, P.S.-Garakha, Dist.-Saran at Chapra. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04. 18.04.2012 The petitioners seek quashing of the entire proceeding including the order dated 20.08.2008 passed by the Chief Judicial Magistrate, Saran at Chapra in Garkha P.S. Case No. 89 of 2008 by which he has taken cognizance under [STATUTE] . The prosecution case is that the mother of the informant entered into an agreement with Reliance Company for building a tower on her land but the petitioners started demanding ransom for construction of the same and, therefore, the present complaint has been instituted. It has been submitted on behalf of the petitioners that in fact construction was stopped on the direction of the S.P. Saran at Chapra till the proceeding under Section 144 Cr.P.C. which was pending before the SDO, Saran was disposed off. In view of such documentary proof, there was no justification for institution of the present case. No one appears on behalf of the Opposite Party No. 2 to contest this submission. Patna High Court Cr.Misc. No.7471 of 2009 (4) dt.18-04-2012 2 On this score alone, this application is allowed and the entire proceeding including the order dated 20.08.2008 passed by the Chief Judicial Magistrate, Saran at Chapra in Garkha P.S. Case No. 89 of 2008 is, hereby, set aside. Vikash/- (Anjana Prakash, J.)

Applicable IPC Section: 384

Statute Text:
Section 384 of the Indian Penal Code. Extortion. Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.