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2024 Supreme(Ker) 225

K. BABU
Abdul Rasheed S/o Pokkerkutty – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: V.T. Raghunath, Manju Rajan.

ORDER :

1. Petitioner, the accused in FIR No. 1/2021 of SCK of VACB, Special Cell, Kozhikode, seeks to quash Annexure-I FIR in these proceedings. The petitioner is alleged to have committed the offences punishable under Section 13(2) r/w Section 13(1)(e) of the Prevention of Corruption Act, 1988, and Section 13(2) r/w Section 13(1)(b) of the Prevention of Corruption (Amendment Act), 2018.

Facts

2. The petitioner is an Assistant Surgeon in the Kerala Health Services. In 2017, while he was working as a Medical Consultant in the Government Taluk Hospital, Thamarassery in Kozhikode District, one Shri Noushad filed a complaint before the VACB, Kozhikode, alleging that the petitioner demanded a bribe from him for doing a laparoscopic surgery on his wife. The VACB registered crime No. 1/2017/KKD alleging offences punishable under Section 7 and Section 13(2) r/w Section 13(1)(d) of the PC Act. The Vigilance laid a trap. The petitioner was arrested at the time of receiving a sum of Rs. 2,000/- from the complainant. The VACB conducted investigation and submitted a final report, dropping all further proceedings against the petitioner. However, the Special Court did not accept the report and orde

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