Petitioner has been charge sheeted for the offence

punishable under Section 384 of IPC.

2. The summary of the charge sheet is that:

When C.W.5 and 6, on the instructions of C.W.1 were

preparing for the inauguration of the buildings, at that point of

time, the accused came to the spot and stated that, the

building is constructed without prior permission and asked for

the relevant documents and also stated that he is an RTI and

RSS activists, and if a sum of Rs.2,00,000/- is not paid, he will

see to that the Chief Minister and other dignitaries will not

attend the inauguration, and he will stall the inauguration.

- 3 -

Cognizance taken by the learned Magistrate for the aforesaid

offence is impugned in this petition.

3.

Learned

counsel

appearing

for

the

petitioner

submits that the allegations made in the FIR, even accepted on

the face of it, does not constitute an offence punishable under

Section 384 of IPC, since there is no allegation that the defacto

complainant parted with the money, and that the petitioner-

accused induced the defacto complainant and put him in fear to

deliver the money which is alleged to have been demanded by

the petitioner-accused. In support, he places r