ORAL JUDGMENT : - The petitioner has impugned order dated 12 - 31998 passed by the learned Judicial Magistrate, First Class, Dhule in S.T.C.C. No. 2137/1994 acquitting the respondent No.1 of the offence punishable under section 385 of the Indian Penal Code (for short "IPC").

2. Relevant facts stated briefly are that petitioner runs a Hospital, by name and style, Suyog Hospital, Sakri Road, Dhule. His wife is a Gynecologist. In the month of October, 1993 an extortionist threatened the complainant to blow his Hospital by using a bomb, if amount of Rs. 5 lakhs is not paid. Threats were given on telephone and by sending letters also. After detection of the chit attached to the packet, which is supposed to have contained a bomb, complainant got suspicious and opened the tin. To his utter surprise, he found that there was no bomb inside. Thereafter, complainant gave an intimation about the threats and the letters to the police. On the basis of this report dated 4 - 2 - 1994 (Exh. 14) offence came to be registered under section 385, Indian Penal Code. After complaint was lodged letter (Exh. 18) was received by the complainant. Accused had come to his cabin at the Hospital and ask

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