VidhiSangh

Supreme Court of India · 05/06/2025

M/S BALAJI TRADERS versus THE STATE OF U.P. & ANR.

[2025] 7 S.C.R. 364 · 2025 INSC 806

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Summary

The Supreme Court held that delivery of property is not an ingredient of the offence under Section 387 IPC (putting a person in fear of death or grievous hurt in order to commit extortion), which criminalises the process preceding extortion and is an aggravated form of Section 385, not of Section 384. The Allahabad High Court therefore erred in quashing a summoning order under Section 387 on the ground that no money had been handed over, and the complaint was restored.

Issues

  1. Whether delivery of property or valuable security, an ingredient of extortion under Section 383 IPC, is also an essential ingredient of the offence under Section 387 IPC.
  2. Whether the High Court was justified under Section 482 CrPC in quashing the summoning order and the complaint under Section 387 IPC on the ground that no offence of extortion under Section 383 was made out.
  3. Whether the rule of strict construction of penal statutes assists an accused who seeks to read an additional ingredient into Section 387 IPC.

Provisions considered

Held

Result

Appeal allowed. The High Court's order dated 28 June 2024 set aside and the proceedings in Complaint Case No. 58 of 2022 restored to the file of the Trial Court. Parties directed to appear before the Trial Court on 12 August 2025 and to cooperate; hearing expedited. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 364.