RANIDAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners before the Court are the then Circle Inspector (C.I.) and the then Assistant Sub-inspector of Police Station Ganga Shahar, Bikaner and they are seeking quashing of FIR No. 14/2022 dtd. 18/1/2022, registered against them under Sec. 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as Rs.the Act') and Ss. 201, 384 and 120B of Indian Penal Code at Central Police Station, ACB Jaipur, District, Jaipur.

(2.) I have heard Shri Vikas Balia, learned Senior Advocate assisted by Shri Sachin Saraswat, learned Counsel Shri Chandra Sekhar Kotwani assisted by Shri Manoj Choudhary for the petitioners and learned Public Prosecutor assisted by Shri Rajak Khan, learned Counsel for complainant and have perused the case file.

(3.) Narrated briefly, the facts appertain are that a FIR bearing number 226/2021 was registered against some persons, at Police Station Ganga Sahar, Bikaner for offences punishable under Ss. 420, 467, 468, 471, and 120B of the Indian Penal Code, related to cheating in a competitive examination. On 8/11/2021, in connection with investigation of above FIR, Jagdish Kumar ASI (Petitioner in Case No. 1380/2022) of the said police station along with four police constables, went to a firm namely "Prathviraj Enterprises" located in Delhi. This firm, owned by the complainant of present F.I.R. Surendra Dhariwal (Respondent No. 2), deals in electronic devices. They arrested the complainant, alleging that he had sold illegal devices/goods to the accused involved in the above F.I.R. As per allegations, they seized Rs. 1,02,000, two mobile phones, three CPUs, two laptops and one DVR from the complainant's shop. The complainant was then taken to Bikaner, where he was brought to Ranidan Singh,CI (Petitioner in Case No. 1219/2022) at the police station, who allegedly beat him and demanded Rs. 5,00,000. When the complainant expressed his inability to pay, he was threatened with false charges and subsequently implicated in the F.I.R. mentioned above. After being released on bail, complainant visited the police station on 7/1/2022 to collect his belongings. However, the two policemen were not present and over the phone, they stated that his belongings would only be returned if he paid them. They also threatened to entangle the complainant in another false case.