IMPORTANT POINT
The demand for a bribe constitutes an offence under Section 7(a) of the PC Act, validating FIR registration prior to the bribe's acceptance.

ORDER :

A. Badharudeen, J.

Accused in C.C.No.8/2025 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Kozhikode, has filed this Criminal Miscellaneous Case under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , seeking the following prayer:

To call for the records leading upto Annexure-A final report in C.C.No.8 of 2025 and Annexure-B first information report in V.C.No.02/2024/KKD on the file of the Court of Enquiry Commissioner and Special Judge, Kozhikode and quash the same and issue appropriate other orders or directions to the Investigating agency, in the interest of justice.

2. Heard the learned senior counsel for the petitioner and the learned Public Prosecutor in detail. Perused the documents as well as the decisions placed by the learned senior counsel for the petitioner.

3. In this matter, the prosecution alleges commission of offence punishable under Section 7 (a) of the Prevention of Corruption (Amendment) Act, 2018 (for short, ‘the PC Act, 2018’ hereinafter), by the petitioner/accused. The prosecution allegation is that, one Sri.Dhanesh Kumar T.P., S/o.Velayudhan, approached the Vigilance Department at 9.00 hrs. on 12.02.2024 and lodged a complaint. The same was entrusted to the Sub Inspector (Grade) Sri.Shinil Kumar. On verification of the averments in the complaint, pre- verification report was filed by Sri.Shinil Kumar and as per which, it was found that the allegations in the complaint are true. As per the pre-verification report, it has been found that the accused Sri.Sanu P.K. working as Village Assistant, Panniyankara Village, has been in the habit of accepting bribe for the purpose of doing service from the Village Office. The complaint lodged by the complainant would show that Sri.Ameer A.P., who is the friend of the complainant, was entitled to get a house under the ‘Punargeham’ project of the Fisheries Department, on his application, for which, the necessary land required to be identified. Accordingly, 3.82 cents of land in Re.Sy.No.21/11-230 was to be purchased by Sri.Ameer A.P., at the instance of the Fisheries Department. The complainant had active role in the transfer of the property and accordingly, his mobile phone number was recorded in the Village Office. On 08.02.2024 when the complainant reached the Village Office and noticed that the application for measurement of the said property was at the hands of the Village Field Assistant Sri.Sanu P.K. Accordingly, he met Sri.Sanu P.K. at 4.00 p.m. on 08.02.2024, he agreed to come to the field and demanded Rs.500/- as bribe in this regard. Thereafter, the complainant had taken the Village Field Assistant Sri.Sanu P.K. as pillion rider in his scooter and reached the field and the property was measured. Then, he was brought back to the Village Office. Then, Sri.Sanu P.K. informed that he would prepare the documents and when the complainant would be called, he would come along with Rs.500/- as bribe. The above allegations in the complaint were subjected to pre-verification by the Deputy Police Superintendent, Vigilance, Kozhikode. On finding merit in the pre-verification report, FIR was registered as 02/2024/KKD under Section 7 (a) of the PC Act, 2018 at 9.30 hrs. on 12.02.2024 and thereafter, moved for trap proceedings. As per the mahazar, it has been stated that as part of the proceedings for trap, phenolphthalein powder was applied to a 500 rupee note entrusted by the complainant and in turn, the same was given back to the complainant with direction to entrust the same to the Village Field Assistant/accused and as per the mahazar, it has been stated that thereafter, the accused accepted the bribe and as per the final report, the