RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 CrPC has been preferred on behalf of petitioner seeking quashing of FIR No.245/2020 lodged at District ACB, Jodhpur, Police Station ACB, CPS, Jaipur for the offence under Sec. 7 of the Prevention of Corruption (Amended) Act 2018 (for short 'the PC Act') and Sec. 120-B IPC.

(2.) Brief facts of the case are that the petitioner was posted as SHO of Police Station Jawahar Nagar, Distt. Sri Ganganagar and he was also the Investigating Officer of the FIR No.224/2020 lodged at Police Station Sadar, Distt. Sri Ganganagar for the offence under Sec. 8/20 of the NDPS Act.

(3.) The respondent No.2 has filed a complaint on 14/10/2020 before the Addl. S.P., Anti Corruption Bureau, Jodhpur alleging therein that he is the resident of Kanpur (U.P.) and running a partnership pharma shop there along with his nephew Pawan Kumar Arora. It is stated in the complaint that on 18/9/2020, two persons approached complainant's nephew in his shop and introduced themselves as police personnel posted at Police Station Jawahar Nagar, Distt. Sri Ganganagar, Rajasthan; one of them has introduced himself as Naresh Meena, constable, whereas another one has introduced himself as Sohan Lal, ASI. Both of them asked complainant's nephew that they want to procure some information regarding drugs and, thereafter, they took his nephew to a hotel viz. Gagan Plaza in Kanpur and from there, they asked Pawan Kumar Arora to telephone the complainant to procure some information regarding the drugs. It is further alleged that those two persons had threatened the complainant that if he will not come to the hotel, they will take his nephew Pawan Kumar Arora along with them to Sri Ganganagar. It is also stated that the complainant immediately reached at the hotel Gagan Plaza, where Naresh Meena, constable and Sohan Lal, ASI asked him to give information regarding drugs, which he has already supplied, thereafter, Naresh Meena, constable reached to his shop along with his nephew while leaving the complainant and Sohan Lal, ASI in the hotel. Thereafter, complainant's nephew informed him on telephone that he has supplied the information regarding medicines to Naresh Meena, constable, but he is not satisfied with the same and is taking him to hotel Galaxy Plaza, Mal Road, Kanpur, then, Sohan Lal, ASI took the complainant to the said hotel, there, he asked Naresh Meena, constable about the notice, however, he refused to show the notice and told that since we are not satisfied with the information supplied by him, we will take your nephew to Sri Ganganagar for interrogation. The complainant has further alleged that he bagged both of them, then, Naresh Meena, constable bring out two copies of the notice signed by Rajesh Kumar, Police Inspector (present petitioner). It is further alleged that both Naresh Meena, constable and Sohan Lal, ASI harassed the complainant and his nephew in the hotel up to late night and ultimately Naresh Meena, constable said the complainant that if he will give rupees fifteen lakh to them, they will leave his nephew. It is further alleged that Naresh Meena, constable has claimed that he had already talked to the CI and Dy.S.P. and said that out of rupees fifteen lakh, rupees two lakh fifty thousand each are for him and Sohan Lal, ASI, whereas rupees ten lakh are to be given to CI and Dy.S.P. It is alleged by the complainant that Naresh Meena, constable accompanied him from hotel to his house, where rupees fifteen lakh were delivered to him and then both of them left Kanpur. It is also alleged by the complainant that thereafter on 25/9/2020, again Naresh Meena, constable came to his house in Kanpur and informed that since Dy.S.P. is not satisfied with the information supplied by him, his nephew Pawan Kumar Arora is required to go to Sri Ganganagar. Naresh Meena, constable has also said the complainant that if he want to save his nephew, then, he has to give rupees twenty five lakh more, then complainant begged Naresh Meena, constable and asked him that at present he does not have that much of money, then Naresh Meena, constable told that if he will give rupees one lakh to him then he will provide some more time up to 12/10/2020 to give rupees twenty five lakh. It is also stated by the complainant that as he was apprehensive that his nephew Pawan Kumar Arora would be arrested, he gave rupees one lakh to Naresh Meena, constable, who in turn has given him a photo stat of the notice, said to have been signed by Rajesh Kumar, Police Inspector (present petitioner).