Proof of demand and acceptance of bribe is essential to establish an offence under the Prevention of Corruption Act.

ORDER :

M.Nirmal Kumar, J.

The petitioner/accused in Crime No.2/2024/AC/TPR registered by the first respondent for the offence under Section 7 r/w. 12 of Prevention of Corruption Act filed this quash petition.

2.The contention of the learned counsel for the petitioner is that the first respondent registered a false FIR against the petitioner without conducting proper preliminary investigation and the petitioner not committed any offence as alleged by the respondents. The first respondent arrested the petitioner without giving an opportunity of hearing. The first respondent police was in hand in glove with the second respondent/defacto complainant. Further, the first respondent not followed the directions given in the case of Lalita Kumari vs. Government of Uttar Pradesh and others reported in 2013 (14) SCR 713 . The FIR registered against the petitioner is specious, speculative and a complete abuse of process of procedure and law. The petitioner is known for his honesty in the Revenue Department and his service records are clear. The petitioner not demanded any bribe and not received any bribe amount in his hand from the defacto complainant/second respondent. It is projected that one Suresh who is arrayed as Accused No.2 received the amount, who is no way connected with the petitioner. He would submit that for the individual act of Suresh, the petitioner cannot be penalised. Due to personal grudge, the defacto complainant concocted a story on his own whims and fancies. The second respondent approached the petitioner to obtain No Objection Certificate [NOC] for the free patta land which was settled by his mother. The petitioner submits that it is necessary to obtain NOC to make a settlement deed for the free patta land. The petitioner in discharge of his duty instructed the second respondent/defacto complainant to submit necessary documents with the signature of his mother and to bring his mother to the Office for verification. The second respondent failed to co-operate and due to his non-cooperation, the process got delayed which was projected as though the petitioner demanded bribe amount and delayed the process. The Apex Court in the case of K.Shanthamma vs. The State of Telangana . Criminal Appeal No.261 of 2022 [arising out of SLP(Criminal) No.7182 of 2019] held that the public servants taking bribe requires a demand of illegal gratification and the acceptance thereof. The proof of demand of bribe by a public servant and its acceptance by him is sine quo non for establishing the offence under Section 7 of PC Act. In the above case, there is no proof that the petitioner made any illegal demand and accepted the bribe amount.

3.The petitioner filed an additional affidavit on 20.09.2024 making serious allegations against the Investigating Officer stating that after the arrest of the petitioner and his remand to judicial custody, the petitioner suffered two Cardiac arrest in the Prison and thereafter, the petitioner was granted bail on 26.03.2024 in Crl.M.P.No.2912 of 2024 with several conditions. One of the condition is that the petitioner to appear before the respondent’s office for 15 days between 10.00 a.m and 12.00 p.m. While the petitioner was complying with this condition, a Police Officer from the team of Vigilance and Anti Corruption approached the petitioner, seeing petitioner’s helpless situation, assured that he will help the petitioner to come out from this false case foisted against him. Thereafter, he privately approached and informed the petitioner that FIR registered against him is completely fake and fabricated. The FIR in Serial No.8040874 was initially registered against one Tmt.Kavitha, Village Administrative Officer [VAO], Udumalpet and thereafter, the present FIR with the same serial number has been fabricated against the petitioner. The Police Officer who wish to maintain anonymity for sharing confidential information never disclosed his name and further submitted that he received the confidential informat