The court established that a demand for a bribe must be directly related to the performance of public duty for offences under the Prevention of Corruption Act to be applicable.

JUDGMENT

1. The petitioner has sought for quashment of FIR No. 288/2022 registered with Anti Corruption Bureau, Chowki, Tonk for offences under Sections 7 and 7A of the Prevention of Corruption Act (in short P.C. Act) read with Section 120-B IPC.

2. The prosecution case is that respondent No.2 Hanish Mohammad lodged a complaint with Anti Corruption Bureau alleging therein that Khasra No. 765 area 2.04 Hectare is recorded in the name of mother of respondent No.2 situated in village Ratwai Patwar, Tehsil Todaraisingh District Tonk. Respondent No.2 was cleaning the land for developing as a residential colony by carving out different small plots to sale it to the willing person. On 15.7.2022, Dinesh Sainai, P.A. of the petitioner went there and asked not to proceed with the work unless they got permission of the petitioner who was Chairman of the Municipal Corporation, Todaraisingh at the relevant time. Thereafter, the complainant met the petitioner and the petitioner asked for Rs. 5,00,000/- (Rs. Five lacs) to not to interfere with the work of the informant. Since respondent No.2 was not willing to bribe the public servant, he lodged a complaint with the Anti Corruption Bureau and the Anti Corruption Bureau after verification of the allegation put a trap, wherein, co-accused Dinesh Saini was apprehended while accepting bribe of Rs. 1,50,000/- out of the agreed amount of Rs. 3,50,000/-. Accordingly, FIR was lodged alleging involvement of the petitioner as well.

3. Mr. Kapil Gupta, learned counsel for the petitioner contends that no matter of the complainant was pending before the petitioner nor there was any scope of coming before the petitioner the issue agitated in the FIR. This fact asserted in the petition has not been denied by the respondent including respondent No.2 in their counter-affidavit. Learned counsel next contends that to attract the offence under Section 7 of the P.C. Act, the demand etc. must be relatable to dishonest or improper performance or forbearance of public duty by the petitioner himself or with the assistance of any other public servant. Therefore, the most important ingredient of performance or non-performance of public duty is sine qua non to attract other allegations. If a public servant has cheated someone in some other manner having no connection with performance of his public duty, the offence under Section 7 of P.C. Act is not attracted. The act of cheating cannot be said to have reasonable connection with the discharge of official duty.

4. Mr. Dharmendra Kumar Barala, learned counsel for the respondent contends that even if a public servant accepts bribe in any form through other person, that would attract the offence as in the present case. Even attempt to accept bribe is sufficient to constitute the offence if it is relatable to the official discharge of duty. On bare perusal of the allegations, it would make it clear that the allegations levelled against the petitioner was prima facie disclosing commission of a cognizable offence.

5. For better appreciation of facts, the provisions of Section 7 and 7A of the P.C. Act are being reproduced below:

"7. Offence relating to public servant being bribed.

Any public servant who,--

(a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform such duty either by himself or by another public servant; or

(b) obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for the improper or dishonest performance of a public duty or for forbearing to perform such duty either by himself or another public servant; or

(c) performs or induces another public servant to perform improperly or dishonestly a public duty or to forbear performance of such duty in anticipation of or in consequence of accepting an undue advantage from any person, shall be punishable with imprisonment for a term whi