The Uttarakhand High Court has quashed a 2018 criminal case of extortion and conspiracy against a man accused of involvement in a planned sting operation against former Chief Minister Trivendra Singh Rawat, ruling that police found no incriminating evidence and that the complaint lacked specific allegations of wrongdoing against him.
Issuing the order on September 8, Justice Alok Mahra held that criminal proceedings could not be permitted to proceed solely because an individual was named in a first information report without any specific overt act attributed to them. The court observed that the petitioner was neither accused of demanding money nor of directly intimidating the complainant.
Absence of Incriminating Evidence
During the hearing, Additional Government Advocate Akshay Latwal informed the court that ten successive investigating officers had examined the matter without uncovering any incriminating material against the petitioner.
State investigators had concluded their primary probe and filed a chargesheet on March 25, 2019, against two other individuals, including the chief executive officer of a news channel. The petitioner was not charged in that final report.
The court noted that forcing an individual to endure prolonged criminal proceedings in the absence of prima facie evidence linking them to the alleged crimes would be unjustified, especially given that the investigation had concluded years earlier.
Origins of the Dispute
The case stemmed from a complaint filed in 2018 at the Rajpur police station in Dehradun by a reporter working for the Samachar Plus television network. The journalist alleged that the channel’s chief executive assigned him to execute an undercover sting operation targeting Rawat, who was serving as chief minister at the time.
According to the initial complaint, the channel’s executive told the reporter that the petitioner was among the people capable of arranging a meeting with the chief minister. The reporter subsequently met Rawat but grew apprehensive and decided against carrying out the sting operation.
The journalist later alleged that the petitioner and the network executive issued threats to ruin his career and kill him if he failed to proceed with the assignment. Police subsequently registered an FIR alleging extortion under Sections 386 and 388 of the Indian Penal Code, along with criminal conspiracy.
Court Finds No Basis for Extortion Charges
In reviewing the allegations, Justice Mahra determined that the complaint, even if accepted at face value, did not substantiate the statutory components of extortion or criminal conspiracy against the petitioner.
The court observed that merely introducing or helping someone secure an appointment with a public official cannot be construed as placing a person in fear of injury, issuing extortion demands, or participating in a conspiracy.
Finding no legal justification for the ongoing prosecution, the bench ruled that the petitioner could not be subjected to further proceedings and quashed the case against him.
