JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties, heard finally.

2. This Petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, is preferred to quash and set aside the order of issue of process for the offences punishable under Sections 342 and 385 of the Indian Penal Code by the learned Judicial Magistrate, First Class, Pune, in RCC No.43236 of 2016 filed by the Respondent No.2 – complainant.

3. The background facts leading to this Petition can be summerized as under :

3.1 The Petitioner was working as a Police Head Constable at Anti-Dacoity Squad, Crime Branch, Pune. Respondent No.2 – complainant alleged that on 7 October 2016 at about 9.00 a.m., the Petitioner – accused No.1 had apprehended the Complainant at Nana Peth and took him to the office of the Anti-Dacoity Squad, Crime Branch, Pune. The accused No.1 allegedly demanded a bribe of Rs.2 Lakhs to release the Complainant, lest he would be implicated in a crime. As the Complainant expressed his inability to meet the unlawful demand, the accused No.1 confined the complainant in the said office and on 8 October 20