- (1.) Leave granted.
(2.) This appeal, by special leave, filed by the State of Rajasthan is directed against judgment and order dated 10/9/2009 delivered by the High Court of Rajasthan in Cri. Misc. Petition No. 307 of 2009 filed by respondent 1 herein Dr. Rajkumar Agarwal under Section 482 of the Code of Criminal Procedure, 1973 (for short, "the Code"). By the impugned judgment, a learned Single Judge of the High Court has quashed the complaint filed against respondent 1 by one Sohan Lal (the complainant) alleging that respondent 1 demanded Rs. 5,000/- as illegal gratification for performing the operation of Smt. Sita Devi, whom he treated as his aunt. The question before this court is whether the exercise of powers under Section 482 of the Code by the High Court to quash the complaint was warranted in the facts of this case.
(3.) The facts, briefly stated, are as follows: Respondent 1 was working as Junior Specialist (Surgery), Government Hospital, Suratgarh, District Sriganganagar, Rajasthan. On 11/12/2007, the Complainant submitted a written complaint to the Police Station, Anti Corruption Bureau (for short, "the ACB") Chowki, Sriganganagar stating that on 7/12/2007, respondent 1 performed the operation of uterus of his aunt - Smt. Sita Devi w/o. Navranglal in a Government Hospital at Suratgarh. According to the complainant, respondent 1 demanded Rs. 5,000/- as bribe for the operation and for better treatment. The complainant gave a sum of Rs. 2,500/- at the time of operation. The complainant stated that his aunt was still in the hospital and respondent 1 was demanding the remaining sum of Rs. 2,500/-. According to the complainant, he did not want to give the money but he apprehended that respondent 1 may cause harm to his aunt, if he does not pay the amount.;