BHAGWAN GANPAT MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard fnally with the consent of learned counsel appearing for the parties.

(2.) This Petition is fled under Article 226 of the Constitution of India for quashing of First Information Report ('FIR' for short) No. I-219 of 2019 registered with the Kamothe Police Station under Section 384, 170 read with Section 34 of the Indian Penal Code (' IPC ' for short) against the Petitioners.

(3.) The Respondent No.2 is the original complainant. It is alleged by the complainant that on 20.10.2019 at about 7.00 a.m., the Petitioners-original accused came to his shop. One of them introduced himself as Food Inspector and took round in the said shop. It is alleged that the said person threatened the complainant that he would register a case against the complainant for violating the rules. The Petitioners demanded bribe amount of Rs.5,100/- from the Respondent No.2 to avoid initiating proceedings against him. It is alleged that the Petitioners had taken sweets and other articles valued at Rs.5,635/- from the said shop without making any payment. It was later revealed that the said persons were not Food Inspectors. The Petitioners apologised to the complainant and asked him to take back the material and let them go. The Police was informed about the said incident and the FIR came to be registered.