The prosecution must prove demand and acceptance of bribes beyond reasonable doubt, which was not established in this case.

Order :

GANESH RAM MEENA, J.

1. This criminal misc. petition has been filed by the accused petitioner under section 528 of the BNSS with the prayer to quash the FIR No. 0140/2022 dated 25.04.2022 registered at Police Station CPS, ACB, Jaipur, District ACB O.P. Alwar-I, for the offences punishable under sections 7, 7A of the Prevention of Corruption (Amendment) Act of 2018 (for short ‘the amendment Act of 2018’) and 120B IPC, the charge-sheet No.188/2022 dated 15.06.2022 submitted by the ACB before the competent Court and further the criminal Misc. Case No./00000010/2024 pending before the Court of learned Special Judge, Prevention of Corruption Act, Alwar (Raj.).

2. The brief facts of the case are that on 22.04.2022 complainant Iqbal Singh, who is Power of Attorney Holder for KCC Buildcon Private Limited (for short ‘the Company’) submitted a complaint before the Addl. Superintendent of Police, ACB, Alwar with the averments that he is looking after the road construction work for the company as regards Delhi-Badodra Expressway Green Field. It has been further stated in the complaint that the District Collector, Alwar, Nannu Mal Pahadia (petitioner) and the Land Settlement Officer Mr. Ashok Sankhla are demanding the bribe on monthly basis for smooth construction work of road. It is also stated that the District Collector, Alwar Mr. Pahadia is demanding Rs.4 lakh per month as a bribe and Mr. Ashok Sankhla is demanding Rs.50,000/- per month as a bribe and have said that the Company has not paid the money for the last four months for the period i.e. November 2021 to February 2022 and they are making pressure upon him to make the payment. It is also stated that now he does not want to give them bribe and want that they be caught red handed. The contents of the complaint made by the complainant are quoted as under:-

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eSa bu nksuksa vf/kdkfj;ksa dks eUFkyh@fj'or ugha nsdj bUgsa esjs ls eUFkyh@fj'or ysrs gq;s jaxs gkFkksa idMokuk pkgrk gw¡A esjh buls dksbZ jaft'k ugha gS vkSj uk gh dkbZ m/kkj ;k ysu&nsu ckdh gSA d`i;k dk;Zokgh djkus dk Je iznku djkosA**

On the aforesaid complaint, the ACB started the proceedings for making verification of the demand and to trap the accused. The trap proceedings were conducted and some amount as an alleged bribe is said to have been recovered from the Scooty of one Nitin Sharma, alleged to be the aid of the accused petitioner. N

3. On the basis of the complaint and the trap proceedings, the FIR No. 0140/2022 dated 25.04.2022 was registered at Police Station CPS, ACB, Jaipur, District ACB O.P. Alwar-I, for the offences punishable under sections 7, 7A of the Act of 2018 and section 120B IPC.

4. In the said case the accused petitioner was arrested and after completion of investigation the police submitted the Final Report (charge-sheet). The accused was enlarged on bail and presently the matter is pending before the Court of learned Special Judge, Prevention of Corruption Act, Alwar after filing of the charge-sheet No.188/2022 dated 15.06.2022 for the of