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A.K.PATNAIK, RANJAN GOGOI
Isaac Isanga Musumba – Appellant
Versus
State of Maharashtra – Respondent
What is the correctness of quashing FIR No. 88 of 2013 registered at MRA Marg Police Station, Mumbai for offences under Sections 384, 441 and 120B IPC? What is the applicable interpretation of Extortion (Section 383/384 IPC) and Criminal Trespass (Section 441 IPC) when threats to seize money do not show actual delivery of property? What is the court’s stance on Article 21 safeguards for foreigners and the propriety of police action under an allegedly baseless FIR?
Key Points: - (!) Writ petition under Article 32 challenging KIR No. 88 of 2013 for offences under IPC Sections 384, 441, 120B; petition allowed and FIR quashed. - (!) FIR alleges accused showed international warrants and threatened extortion but no allegation of actual payment or delivery of money; court held no extortion under Section 383/384 without such delivery. - (!) Section 441 IPC requires intent to commit or intimidate in possession of property; court found no criminal trespass given the business transaction and absence of such intent. - (!) Section 120B requires two or more persons; court found no conspiracy since Sections 384 and 441 not made out. - (!) Article 21 protects life and personal liberty; foreigners’ liberty is protected; police acted on baseless FIR violating Article 21. - (!) Court directed immediate release of passports if impounded due to the impugned FIR. - (!) Petition allowed on basis that the KIR was baseless; quashing the FIR and directing release of passport.
JUDGMENT :
1. Heard learned Counsel for the parties. Petitioners are nationals of Uganda and have filed this 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 and120B, 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 alleged that the Accused persons have shown copies of international warrants issued against the complainants by the Ugandan Court and letters written by Uganda Ministry of Justice & Constitutional Affairs and the Accused have threatened to extort 20 million dollars (equivalent to Rs. 110 crores). In the complaint, there is no mention whatsoever that pursuant to the demands made by the Accused, any amount was delivered to the Accused by the complainants. If that be so, we fail to see as to how an offence of extortion as defined in Section 383, Indian Penal Code is made out. Section 383, Indian Penal Code states that whoever intentionally puts any person in fear of any injury to that person, or t
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