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2024 Supreme(Telangana) 81

K. SURENDER
State Rep. by Inspector of Police, ACB, Hyderabad – Appellant
Versus
Mirza Yakub Ali Baig – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sridhar Chikyala.
For the Respondent: C. Sharan Reddy.

JUDGMENT :

K. SURENDER, J.

1. The State is aggrieved by the order of acquittal recorded by the learned Additional Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad vide Judgment in C.C. No. 1 of 1997 dated 20.09.2006.

2. The accused was tried for the offence under Sections 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 for the reason of demanding and accepting Rs. 5,000/- from the defacto complainant on 30.10.1995.

3. Briefly, the case of the ACB is that the accused was working as Detective Sub Inspector of Police, Hanumakonda Police Station, Warangal District. The defacto complainant/PW-1 was arrested on 18.05.1995 from his house by the accused and other police personnel of the station. At the time of arrest, certain case property was seized which are marked as MOs.13 to MO37 before the trial Court. The said material objects viz. furniture, electronic gadgets gold and silver ornaments. PW-1 was accused in Crime No. 158 of 1995 of the said Police Station which was registered under Section 384 of IPC.

4. PW-1 was later released on bail. On 16.10.1995, the defacto complainant/PW-1 along with PW-2 met the accused and requested to return the articles that we

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