JUDGMENT :

1. This criminal misc. petition under Section 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 Section 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.

4. It is further alleged that on the next day, complainant's brother-in-law (sister's husband) namely Anil gave rupees two lakh thirty thousand in cash to Himmat Bunkar (present petitioner) and thereafter her husband was produced in the court concerned from where he was taken on remand for two days. It is further stated that on 23.11.2021, complainant reached Aruthuna police station and saw that her husband was being tortured by the police in the lock-up. Then, Himmat Bunkar, SHO (present petitioner) asked the complainant to come to his office and demanded an amount of rupees ten lakh in consideration for her husband's release. When the complainant told that she did not have that much of amount, then Himmat Bunker (present petitioner) demanded her marriage jewelery and on denial of the same by the complainant, he demanded any other property she had, in order to release her husband.

5. The complainant has further alleged that the present petitioner tortured her husband; took him on remand for eleven days and pressurized them for giving bribe. It is further stated that on 29.11.2021, the complainant went to Arthuna police station, where again, Himmat Bunkar (present petitioner) demanded bribe of rupees 10 lakh, on which, the complainant told that she would give it after making arrangements. It is further alleged by the complainant that the present petitioner demanded bribe amount by making calls through his official mobile number as well i.e. 9549845392 on complainant's mobile numbers i.e 7383881491 and 93133380915. It is also stated by the complainant that she recorded the calls made by petitioner Himmat Bunkar, in her mobile phone, in which, he had demanded the bribe and she has also made a CD of the conversations between her and the present petitioner and thereafter forwarded the complaint via mail along with audio of the conversation demanding bribe by the petitioner from the complainant to the D.G, ACB, Jaipur.

6. Thereafter, the complainant-respondent No.2 appeared before the concerned police officer and stated that Himmat Bunkar (present petitioner) had falsely implicated her