Punjab and Haryana HC refuses to quash FIR in extortion case

The order came from Justice Rajan Gupta while dismissing the petitions filed by both the accused seeking quashing of the FIR registered against them on June 18 last year under sections 195-A.

By: Express News Service | Chandigarh | Published: March 19, 2016 8:51:24 am

The Punjab and Haryana High Court on Friday refused to quash the FIR registered against Ratan Chand Lubana and Amitoj Singh who are accused in an extortion and protection money case involving students of elite schools in Chandigarh.

The order came from Justice Rajan Gupta while dismissing the petitions filed by both the accused seeking quashing of the FIR registered against them on June 18 last year under sections 195-A (threatening any person to give false evidence) and 506 (criminal intimidation) of the Indian Penal Code at Sector 36 Police Station.

“In view of seriousness of allegations, no case for quashing of FIR is made out,” held the court.

The petitioners had submitted that the Reader of Additional Chief Judicial Magistrate was not competent to lodge the FIR as no offence under Section 195-A is made out and there is nothing on record to connect the petitioners with the crime.

However, Justice Gupta observed, “Earlier an FIR (on January 16, 2015) was registered on the complaint of Kavita C Das, principal of St John’s School, Chandigarh, alleging that certain boys were threatening schoolchildren on Facebook and mobile phones. The children were shown firearms and were threatened with dire consequences. These boys were visiting the houses of the children and inciting them to steal liquor from their home. The students of the school were told that their reputation would be spoiled by saying that they had sexually exploited them.”

The court observed that during pendency of trial, one Mukul deposed as prosecution witness before the court and after his deposition while he was leaving the court, he was threatened by Lubana and filthy abuses were also hurled. Hence on the directions of the Additional Chief Judicial Magistrate, the instant complaint was lodged by the Reader of the court.

“I, however, find no merit in the plea. It cannot be said at this stage that offences under section 195-A IPC is not made out and no evidence is available against the petitioner. Nor there is any substance in the argument that the Reader of the court was not competent to lodge the complaint,” ordered Justice Gupta.

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