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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE C.T. SELVAM
Naveen @ L.Srinivasan
Versus
State rep. by The Assistant Commissioner of Police Central Crime Branch
Crl.O.P. Nos. 24374, 29084 of 2008 & 7217 of 2009
Decided On : 01-04-2010
Extortion - Criminal Proceedings - IPC 384 r/w 34 - Summary of Acts and Sections
Fact of the Case:
The case involved allegations of extortion and coercion against the accused, who were facing prosecution for offences under IPC 384 r/w 34. The complainant, Managing Director of a company, was allegedly forced to sign a memorandum of understanding and issue cheques under duress by the accused, who were associated with another company.
Finding of the Court:
The court found that the investigation leading to the charge sheet against the petitioners was flawed and that no offence of extortion was made out. It directed further investigation by an official not below the rank of Deputy Superintendent of Police.
Issues: The issues included the legality of the actions of the accused, the validity of the memorandum of understanding, and the conduct of the investigating officer.
Ratio Decidendi: The court held that the intent behind the accused's actions was to recover money due to them, and not to cause wrongful gain or loss. It also found that the investigating officer had not considered the complaint made by the petitioners, leading to a flawed investigation.
Final Decision: The court ordered further investigation by a higher-ranking official and directed the lower court to proceed in accordance with the law upon receipt of the investigating officer's report.
1. These petitions seek to quash the proceedings pending in C.C. No.12187/2008 on the file of the Additional Chief Metropolitan Magistrate, EO-I, Egmore, Chennai. The petitioners/accused in such case, are facing prosecution for offences u/s.384 r/w. 34 IPC. The petitioner in Crl.O.P. No.7217 of 2009 is the 1st accused, while the petitioner in Crl.O.P.No.24374 of 2008 is the 4th accused and the petitioners in Crl.O.P.No.29084 of 2008 are the 2nd and 3rd accused. The substratum of the offences alleged against the petitioners is to be found in the final report filed in the case and the same readily may be reproduced.
"This case was registered on a direction by the Honble Additional CMM, Egmore, u/s.156(3) CrPC on a petition filed by Thiru Sri Ram Vedam, Managing Director, M/s.Tiffin Barytes Asbestos & Paints Ltd., Chennai against Tr.Arulraj, Sub Inspector of Police, CCB, Egmore and 3 others alleging that on 8th July 2007 (Sunday) he was asked to accompany Tr.Arulraj (SI, Team-2, CCB, Egmore, Chennai) and another Policemen in plain clothes at about six thirty a.m., from his residence at Balaji Avenue at T.Nagar, Chennai-17. Tr.Arulraj said that there was a complaint against his company, that is being investigated by him and that he should leave with him to the CCB Office at Egmore. He told him that he need to organize the relevant papers from his office since it was a Sunday. He was pressurizing to leave with them right then at about six thirty a.m. He called his officers and asked them to bring the relevant files to his residence and he explained the matter in detail and also showed him that it was M/s.Hero Exports who owes his company a sum of about Rs.70 lakhs. They refused to listen to him and insisted that he should leave with them and explain everything at the CCB office.
Left with no other option he accompanied them at about Ten thirty a.m on 08.07.2007. Instead of taking him to the CCB office they took him to that Hotel Ashoka and asked him to wait until 1 pm. Tr.Munjal and Tr.Gurpreet Singh of M/s.Hero Exports and one Naveen of Besant Nagar appeared there and SI Tr.Arulraj said that they will have to discuss the matter amongst themselves and settle it or he will be remanded in the said criminal case. Tr.Munjal said that he had suffered losses because of his company and that his company should pay back his losses along with interest to the tune of about Rs.14,37,92,691/- and that he would settle it at Rs.9,50,00,000/-.
At about Two Thirty p.m on the same day Advocate Tr.Rajinish Pathiyil came to Hotel Ashoka and brought an MOU which contained all these averments and stated that his company is settling the dispute for the above mentioned amount. He asked him to furnish the cheque details to be furnished. He said that he may not be signing this MOU. Then Tr.Arulraj, SI of Police, CCB and his companion officer asked him to sign the MOU after giving the cheque details and arrange the cheques to be given to Tr.Rajinish Pathiyil Advocate. He threatened to get him remanded if he did not oblige. He also told him that he would keep the criminal case open until he clears the entire payments mentioned in the said MOU. By then it was becoming late and it was about five pm. He gave the cheque details and asked his company officials to get the cheques and without his consent he was forced to sign the said MOU.
On 5th July one cheque for Rupees one crore has been wrongly encashed by the said Hero Exports, since SI Tr.Arulraj threatened to take criminal action against him of the cheques were not honoured by his company in this very complaint which according to him could land him and other Directors in Jail.
Whether any offence appears to have been committed and if so by whom?
A1 noted in the margin was the then SI of Police, CCB, Chennai now working as SI of Police (Crime) in N4 Fishing Harbour Police Station, Chennai City, A2 noted in the margin is the Director, Hero Exports, New Delhi, A3 noted in the margin is the Vice
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