1 appln 4292 of 2006 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4292 OF 2006 Deepak J. Gandhi .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. K. R. Iyengar, for the Applicant. Mrs. U. V. Kejariwal, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 22nd June, 2011 P.C. 1. This is an application for leave to file appeal against the acquittal of the respondent Nos 2 and 3, ordered by the learned Metropolitan Magistrate, 48th Court, Andheri, Mumbai, by his judgment dated 21st June, 2006. The complainant is the landlord, who had filed private complaint in respect of an incident which took place in August, 1997. It was alleged that the respondent and several others came to the premises and sought key of the lock and then brought hammer to break open the lock. The complainant claimed to have tried to put his hand on the lock and apprehended that his hands would be injured. On account of this incident, first the complainant approached police and then filed complaint alleging involvement of the respondents in extortion, mischief and criminal intimidation. The process was issued for the 2 appln 4292 of 2006 offence punishable under 385, 506 (i) read with section 114 of the Indian Penal Code. The learned Magistrate cannot be said to have erred in holding that there could be no extortion as there was no movable property involved, as also there was no case of criminal intimidation. As far as mischief is concerned, though the order is silent, it is apparent that no damage has been done and therefore an offence of mischief was not made out. No case for interference made out. Leave refused. Appeal dismissed. (R. C. CHAVAN, J.)