Intention to cause alarm is an essential ingredient of the offence of criminal intimidation under Section 506 IPC.

PASAYAT, J.

( 1 ) THIS is an application in terms of Section 378 (4) of the Code of Criminal Procedure, 1973 (in short, the 'code') for grant of special leave to appeal from the order of acquittal in a case instituted upon a complaint by the present petitioner. Notice was issued to the opposite parties on the question of grant of leave.

( 2 ) ON the accusation of having committed an offence punishable under Section 506 of Indian Penal Code, 1860 (in short, 'ipc), the opp. Parties faced trial. Learned Judicial Magistrate First Class, Puri (in short, 'jmfc') recorded an order of acquittal holding that the complainant has not proved his case.

( 3 ) COMPLAINANT's version essentially runs as follows : the occurrence took place on 25-2-1992 in a village road, accused persons surrounded the complainant, abused him in filthy language, and had the witnesses examined not intervened, he would have suffered further injuries in addition to injuries sustained on account of fist blows given by Nabaghana @ Nabina, Opp. party no. 1.

( 4 ) LEARNED JMFC with reference to evidence on record held that because the complainant admitted that he was not alarmed by threat given by accused persons, ingredients of Section 506 IPC did not exist. He also held that no evidence was coming to show that accused persons intended to cause alarm to the complainant. With reference to evidence of the complainant, he noticed that when accused Surendra and Nabaghana surrounded him and abused him in filthy language, he also replied back saying that there was no point in their talking in the manner done and court and police agency can take care of such situation.

( 5 ) MR. R. Mohapatra, learned counsel for petitioner with reference to language of Section 506 IPC submitted that learned JMFC was not justified in holding that unless the victim is alarmed. Section 506 is not attracted. According to him, it was intention of accused to cause alarm which is material and relevant and whether intended victim got alarmed or not is of no consequence. It is further submitted that inference about intention to cause alarm has to be gathered from the circumstances, and evidence of witnesses clearly shows that intention of accused persons was to cause alarm. Mr. G. Sahu, learned counsel for opp. parties on the other hand submitted that a factual finding has been recorded by learned JMFC that evidence does not show existence of any material on the alarm aspect.

( 6 ) SUB-SECTION (4) of Section 378 of the Code deals with appeal by complainant, against an order of acquittal passed in case instituted on a complaint. Appeal by private party not being as a matter of right, strong prima facie case must be made out before a special leave is granted by High Court. It has therefore to be seen whether any material irregularity has been committed by the learned JMFC while directing acquittal. The fate of the case depends upon the question whether ingredients necessary to constitute an offence under Section 506 IPC are present and have been established.

( 7 ) SECTION 506 IPC deals with punishment for criminal intimidation. Section 503 defines the said offence. It has following essentials. (1) Threatening a person with any injury. (a) to his person, reputation or property or; (b) to the person or reputation of any one in whom that person is interested. (2) The threat must be with intent; (a) to cause alram to that person, or (b) to cause that person to do any Act which he is not legally bound to do as means of avoiding execution of such threat; or (c) to cause that person to omit to do any act which that person is legally entitled to do as means of avoiding execution of such threat. Therefore, intention must be to cause alarm to the victim and whether he is alarmed or not is really of no consequence. But material has to be brought on record to show that intention was to cause alarm to that person. Mere expression of any words without any intention to cause alarm would not be sufficient to br