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Showing contexts for: empty threat in Ambika Oberoi vs Abdul Latif on 29 September, 2018Matching Fragments
10. In Anil Mehra v. Ajmer Singh, 1991 (1) RCR (Criminal) 699, Hon'ble Punjab & Haryana High Court quashed the criminal proceedings on the ground that empty threats, without mens rea to cause injury would not amount an offence under Section 506 IPC.
11. In Meen Raj v. State, represented though the Inspector of Police [Crl.O.P. (MD) No. 10951 of 2012], Hon'ble Madras High CR No.204417/2016 Ambika Oberoi v. Abdul Latif & Anr. Page No. 6 of 14 Court held/observed the defecto complainant's daughter arrayed as one of the witnesses and the statement recorded under Section 161 of the Code, revealed that the petitioner made a life threat to the second respondent and his daughter; that it will not constitute any offence against the petitioner because the empty threats does not prima facie mean that the case under Section 506 IPC is made out against the petitioner.
13. Hence, for the offence of criminal intimidation punishable under Section 506 IPC, the threat should be a real one and same should not be empty. Further, it has to be shown that threats were made with an intent to cause alarm or that an alarm was caused to the complainant.
14. CW1 Abdul Latif had deposed in respect of criminal CR No.204417/2016 Ambika Oberoi v. Abdul Latif & Anr. Page No. 7 of 14 intimidation/threat that:
16. In so far as threat given by Colonel Rajesh Kochar is concerned, he has not been summoned by the learned Trial Court. In respect of incident mentioned in the testimony of CW1 regarding forcibly entering into the house of complainant, wrongful confinement and beating, same has not been relied upon by the learned Trial Court. Revisionist has been summoned only for the offence of criminal intimidation under Section 506/34 IPC. In respect of allegations of threatening by the revisionist regarding calling the police in case of work is not stopped, same does not fall in definition of criminal intimidation because revisionist is asking/threatening about taking CR No.204417/2016 Ambika Oberoi v. Abdul Latif & Anr. Page No. 11 of 14 legal recourse. In so far as allegations of other threats as mentioned in testimony of CW1 and CW2 are concerned, same cannot be said to have been made with an intent to cause alarm to the complainant and his family members. The threats as have been alleged by the complainant and his son in their respective presummoning evidence are empty threats without mens rea to cause injury and from that threats it cannot be said that threats were real and same have caused an alarm to the complainant and his family.