Court clarified the need for clear evidential basis for issuing processes under IPC, specifically for extortion and language offences.

JUDGMENT : 

M.M. NERLIKAR, J.

Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.

2. The petition under Articles 226 and 227 of the Constitution of India, challenging the order dated 09/05/2022 passed by the learned Judicial Magistrate, Jalgaon Jamod, in Miscellaneous Criminal Case No. 73/2019 wherein issue process order was passed and the order dated 23/04/2025 passed by the learned Additional Sessions Judge, Khamgaon, in Criminal Revision Application No. 28/2022 whereby the Revisional Court dismissed the revision petition filed against the aforesaid order.

3. The respondent no. 1 initially lodged a complaint on 18/03/2019 with the Police Station, Jalgaon Jamod. As no action was taken on the aforesaid complaint, respondent No. 1 herein filed Criminal Miscellaneous Application No. 73/2019 before the learned Judicial Magistrate, Jalgaon Jamod alleging that petitioners operate ‘Shri. Sant Tukaram Nagari Sahakari Path Sanstha’ on the ground floor of J.T. Patil Complex which is situated in front of Bus Stand in Jalgaon Jamod. On 16/03/2019 between 8:30 p.m. to 9:00 p.m, the petitioners came to the house of respondent no.1. As no male member of the family was present at the relevant time, respondent no. 1 requested petitioners to come back. However, taking advantage of absence of male members, petitioners forcefully entered her house by pushing her and in threatening tone demanded that they be permitted to put the board of their society in front of her complex. They also stated that they have earlier made a complaint to the Nagar Parishad to demolish the illegal construction of respondent no. 1 and if respondent no. 1 pays Rs. 5,00,000/- to them then no action on the said complaint will be taken by the Nagar Parishad as the wife of accused no. 2 is a Councillor in Nagar Parishad belonging to Bhartiya Janta Party (BJP). It has also been claimed that petitioners along with pushing and threatening respondent no. 1 also used abusive language against her and threatened to kill her if she refuses to pay Rs. 5,00,000/-.

4. After recording the verification under Section 200 of the Code of Criminal Procedure, 1973, the learned Magistrate, by order below Exhibit No. 01 dated 25/08/2020, directed the Police Station, Jalgaon Jamod, to submit a report under Section 202 of the said Code. Pursuant to the said direction, the Police Inspector submitted a report dated 22/12/2020. Thereafter, upon perusal of the record and the report submitted by the Police Inspector, the learned Judicial Magistrate First Class, Jalgaon Jamod, by order dated 09/05/2022, was pleased to issue process against the present petitioners for offences punishable under Sections 384, 448, 323, 294, and 506 read with Section 34 of the Indian Penal Code, 1860, in accordance with Section 204 of the Code of Criminal Procedure, 1973. Being aggrieved by the said order, the petitioners preferred Criminal Revision No. 28/2022 before the learned Additional Sessions Judge, Khamgaon. By order dated 23/04/2025, the learned Additional Sessions Judge was pleased to dismiss the said revision petition. The present petition is filed against both these orders.

5. Mr. Naik, learned Senior Counsel appearing on behalf of the petitioners, submits that even if the allegations made in the complaint are taken as it is, the essential ingredients of Sections 384 , 448, 323, 294, and 506 of the Indian Penal Code, 1860 , are not made out. He has invited my attention to the complaint filed by the respondent. He further submits that as the learned Magistrate was not satisfied on the basis of the allegations made in the complaint, therefore, directed the Police S