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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
Sanu P.K. – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. bribery allegations against public servant. (Para 2 , 3) |
| 2. challenge to irregularities in procedure. (Para 4) |
| 3. law on attempt of bribe solicitation. (Para 5) |
| 4. public prosecutor's defense on fir registration. (Para 6) |
| 5. validity of fir registration despite anomalies. (Para 7 , 8) |
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 und
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.
The court confirmed that prior approval for investigating public servants is not required if they are arrested on the spot for accepting bribes, ensuring effective enforcement of anti-corruption laws....
The court established that prima facie evidence of a bribe demand is sufficient to justify an investigation under the Prevention of Corruption Act, and that quashing an FIR should be an exception rat....
Proof of demand and acceptance of bribe is essential to establish an offence under the Prevention of Corruption Act.
Point of Law : Power under Section 482 Cr.P.C. to quash criminal proceedings, High Court would have to proceed entirely on basis of allegations made in complaint or documents accompanying same per se....
The court established that sufficient evidence exists for the charge of bribery under the Prevention of Corruption Act.
A FIR initiates criminal proceedings without needing specific role attribution; sufficient evidence during investigation upholds its validity, especially in corruption cases.
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