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2017 (5) TMI 851 - HC - Indian LawsOffence under Section 506(2) of the Indian Penal Code - Held that:- A bare perusal of Section 506 of the Indian Penal Code makes it clear that a part of it relates to criminal intimidation. Before an offence of criminal intimidation is made out, it must be established that an accused had an intention to cause alarm to the complainant. Mere threats given by the accused not with an intention to cause alarm to the complainant, but with a view to deterring him from interfering with the work of construction of the wall, which was undertaken by the accusedapplicant, would not constitute an offence of criminal intimidation. In the entire FIR, there is no whisper of any allegation that the threats which were administered actually caused any alarm to the first informant and he felt actually threatened. In view thereof even none of the ingredients to constitute an offence under Section 506(2) of the Indian Penal Code are spelt out. Thus not convinced with the case putforward by the first informant so as to permit the police to continue with the investigation. The agreement provided for mutual obligations and it appears that on account of the disputes, the parties have not been able to strictly adhere to their respective obligations. The matter is at large before the Civil Court. The civil liability will be determined by the Civil Court on the basis of the evidence, that may be led by the parties. As noted above, the first informant has not initiated any civil proceeding. He has not even filed a counter claim in the civil suit filed by the accused persons. So far as the applicant of the connected application is concerned, she is the wife of the Chairman and Managing Director of the company. Let me assume for the moment that a, prima facie, case is made out of criminal breach of trust against the company and the other accused. I am of the view that the wife should not be held responsible in any manner by fastening vicarious liability. Even otherwise, no vicarious liability can be fastened on any person for an offence under the Indian Penal Code. In the result, both the writ applications succeed and are hereby allowed. The First Information Report being C.R. No.I2 of 2015 lodged at the Gandhinagar Zone Police Station, District: Gandhinagar is hereby quashed. All the consequential proceedings pursuant thereto stand terminated. Rule is made absolute.
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