HIMMAT BUNKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 CrPC has been preferred on behalf of the petitioner seeking quashing of FIR No.496/2021 lodged at District ACB, Banswara, Police Station, CPS, ACB Jaipur for the offence under Sec. 7 of the Prevention of Corruption (Amended) Act 2018 (for short 'the PC Act').

(2.) Brief facts of the case are that the petitioner was posted as SHO of Police Station Arthuna, Distt. Banswara. The respondent No.2 has filed a complaint on 9/12/2021 before the Addl. S.P., Anti Corruption Bureau, Unit Banswara stating therein that she is the resident of Luniapura, Abu Road, Distt. Sirohi. The complainant, in her complaint, has stated that she got married to Surendra Rathore on 16/11/2021 and on the day of reception i.e next day of the wedding, at 7.00 am on 17/11/2021, Arthuna Police allegedly arrested her husband and her father-in-law in a false case No.22/2020 registered at Police Station, Arthuna and took them there. It is further alleged by the complainant that her brother-in-law (sister's husband) and uncle came to Arthuna, where the ASI Balwant Singh took bribe of rupees one lakh from them and SHO Himmat Bunkar (present petitioner) demanded gratification of rupees ten lakh for releasing her husband and father-in-law. It is further alleged that along with complainant's husband and father-in-law, her brother-in-law (husband's elder brother) namely Siddharth was also named as an accused.

(3.) It is further alleged by the complainant that her uncle and brother-in-law (sister's husband) gave rupees two lakh seventy thousand in cash to Himmat Bunkar (present petitioner). It is also alleged that by the complainant that her husband and father-in-law were unlawfully detained without any arrest for three days and after taking two lakh seventy thousand rupees, her father-in-law was released and her husband's arrest was shown.