ORDER:

The present Criminal Petition is filed by the petitioner/complainant under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C”) seeking to quash the Order dated 04.12.2015 passed in Crl.M.P.No.317 of 2015 in C.C.No.11 of 2014, on the file of the Court of Special Judge for SPE and ACB Cases-cum-II Additional District and Sessions Judge, Nellore, filed under Section 216 Cr.P.C to frame an additional charge under Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short “the P.C.Act”)

against the respondent/accused officer.

2. Heard Sri S.M.Subhani, learned Special Public Prosecutor for ACB appearing for the petitioner/State and Sri Shaik Karimulla, learned counsel for the respondent/accused officer.

3. The brief facts of this petition are that:

i) The respondent/accused officer was working as an Assistant Executive Engineer in the office of the Deputy Executive Engineer, Irrigation Department, Kandukur, Prakasam District for the period from 10.12.2008 to 26.03.2012. On 24.03.2012, at 16.30 hours, L.W.1- Allampati Niranjan Reddy, who is the de facto complainant came to the office of L.W.11-DSP, ACB Office, Nellore and presented a written report stating that he is the native of Indupur village, Allur Mandal and he is a Civil Contractor having license to work in irrigation department vide Reg.No.03/2008. It is stated that L.W.1- Allampati Niranjan Reddy was the successful tenderer of the development works to Chowtapalem tank of Chowtapalem village, Ponnalur Mnadal, which falls under Ongole Circle Office through e-tenders on 19.05.2008 with estimation of Rs.28.0 lakhs and quoted for the work for 21.69% less i.e., Rs.21,90,526/- and made agreement vide Agreement No.31/08- 09. Accordingly, L.W.1 Allampati Niranjan Reddy, completed the said work by 31.08.2009 and received payment on 22.02.2011 and L.W.1-Allampati Niranjan Reddy approached the Irrigation Office, Singarayakonda, for refund of Earnest Money Deposit (EMD), FSD etc., worth Rs.1,60,140/-. It was informed that the concerned M-Book was not available at Singarayakonda office and was taken away by the accused officer, (the then Assistant Executive Officer), who was transferred from Singarayakonda to Kandukur. When L.W.1 Allampati Niranjan Reddy, approached the accused officer, he demanded Rs.20,000/- as bribe to return the M-Book to the concerned. It is stated that several times, L.W.1- Allampati Niranjan Reddy requested the accused officer to send the M-Book to Singarayakonda Office and again the accused officer demanded Rs.20,000/- as bribe. At request, the accused officer reduced the bribe amount to Rs.7,500/- stating that if L.W.1 Allampati Niranjan Reddy fails to pay the said amount as bribe, he will not send back the said M-Book to the concerned. As there was no other go, L.W.1- Allampati Niranjan Reddy agreed to pay the said bribe to the accused officer. As the defacto complainant (L.W.1) was not willing to pay the bribe amount, he approached L.W.11- DSP, ACB, Nellore, and lodged the written report. The said report was registered as a case in Crime No.07/RCT-NPK/2012 by L.W.11-DSP, ACB, Prakasam District, Nellore Range, and pre-trap proceedings were conducted in his office on 26.03.2012 between 08.50 hours and 09.50 hours in the presence of the mediators (L.Ws.2 & 3) and the staff.

(ii) After completion of pre-trap proceedings, on the same day at 10.00 a.m. L.W.11/DSP along with the trap party left the ACB Office, reached TVS centre, Kandukur at 12.10 p.m. As per the instructions of L.W.11-DSP, ACB, L.W.1- Allampati Niranjan Reddy went to the office of Assistant Executive Engineer and requested the accused officer to send the M-Book and on the demand made by the accused officer, L.W.1- Allampati Niranjan Reddy gave the tainted amount to the accused officer and he received the same with his right hand, counted the said amount with both the hands and kept in his left side shirt pocket by informing L.W.1-Allampati Niranjan Reddy