Rathnakala, J.

1. A nice question of law is raised which arises for consideration in this petition is, Whether conversation of the accused recorded in support of the allegation for the offence under the Prevention of Corruption Act, prior to registration of FIR amounts to preliminary enquiry or investigation?

2. Undisputed facts of the case, the petitioner is working as Junior Engineer/Section Officer in Chamundeswari Electricity Supply Company Limited.

Respondent No. 2 is the defacto complainant who is Class-I Electrical Contractor (for brevity, Contractor). As per his complaint allegation, in respect of works order allotted by the Company, Contractor insisted for indent in respect of a converter of 25kv, accused dodged the issue for about two months. The Contractor had already given Rs. 3,500/- to the accused, but the accused demanded a gratification of Rs. 10,000/- to give indent for 2 TCs. The Contractor approached the Lokayuktha Police on 26.03.2013 and divulged the alleged demand of the accused. On that information, IO handed over a voice reorder to him with an instruction to record the conversation of the accused while he is demanding illegal gratification. On 28.03.2013