JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. The challenge given by the present applicants in this C482 application is to the cognizance order dated 21.01.2023, as it was passed by the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in a Criminal Case No. 179 of 2023, State vs. Yogesh Shaily and Others, whereby, they have been summoned to be tried for the offences under section 384 and 506 of IPC, which was registered against them at Police Station Kashipur, District Udham Singh Nagar, by way of an FIR No. 369, dated 29.06.2022. As a consequence to the issuance of the summoning order, the present C482 application has been filed on the ground that no offence under section 384 of IPC is made out as against the present applicants, and as such, continuance of the aforesaid criminal proceedings would be nothing, but an abuse of the process.

2. In relation, thereto, the learned counsel for the applicants had argued the matter in the context of the definition of extortion as provided under section 383 of IPC, which is extracted hereunder:

“383. Extortion - whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dish