O R D E R

This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner herein/Accused officer, to quash the charge sheet in C.C.No.15 of 2022 on the file of the III Additional District Judge for ACB Cases, Visakhapatnam registered for the offences punishable under Sections 11 and 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act, 1988.

2. Petitioner is the accused officer in Calendar Case No.15 of 2022 on the file of the III Additional District Judge for ACB Cases, Visakhapatnam. A charge sheet has been filed as against the accused officer in Crime No.16/RCO-ACB-VSP/2017 of ACB, Visakhapatnam Range.

3. Brief facts of the case are that the petitioner herein/accused officer, who formerly worked as S.B.Manager, ACB Head Office, Vijayawada, is alleged to be corrupted and was abusing his official position for illegal means, obtained pecuniary/non- pecuniary advantage from the accused officers, who are involved in ACB cases and inquiries. The petitioner herein/accused officer is alleged to have been in regular contact with the corrupt Government officials, who are facing allegations and also with some of the accused officers in ACB cases, by colluding with them either to do favour or sharing information of petitions, inquiries and investigation of cases etc. The Joint Director (R), Anti-Corruption Bureau, Andhra Pradesh, Vijayawada vide Proceedings No.21/JD (R)-ACB/2017, dated 04.12.2017 accorded permission authorizing N.Venkateswara Rao, Deputy Superintendent of Police, CIU, ACB, Andhra Pradesh, Vijayawada to register a case against the petitioner herein/ accused officer and to investigate it. Accordingly, a case in Crime No.16/RCO-CIU-ACB/2017 was registered against the petitioner herein/accused officer.

4. It is the contention of the petitioner herein/accused officer that all the allegations against the petitioner herein/accused officer are vague and the same do not constitute the offence under the Prevention of Corruption Act, 1988. Except ordering for suspension of petitioner herein/accused officer, no search was conducted and no arrest of petitioner herein/accused officer was made. Filing of FIR, alleged investigation by ACB officials, suspension of petitioner herein/accused officer from service on the date of registration of crime and filing of charge sheet four years after registration of crime, speak volumes of conspiracy against the petitioner herein/accused officer. Hence, the Criminal Petition.

5. Learned Standing Counsel-cum-Special Public Prosecutor for ACB Cases representing respondent Nos.1 and 2 filed counter-affidavit denying the contents of the petition, inter alia it is contended that during investigation they collected material that the petitioner herein/accused officer by corrupt and illegal means and by abusing his official position, obtained pecuniary advantage from corrupt officials. After registration of case, notices were issued to the petitioner herein/accused officer on 18.06.2018 and 28.02.2019 and he submitted his explanation on 08.07.2018 and 23.03.2019. Investigation revealed that the petitioner herein/ accused officer obtained pecuniary advantage from corrupt officers in and around Visakhapatnam and as such, the Investigating Officer filed charge sheet against the petitioner herein/accused officer in the Court of the III Additional District Judge for ACB Cases, Visakhapatnam within whose local jurisdiction the offence was committed. The petitioner herein/accused officer did not file any revision before the High Court of Andhra Pradesh against the order of taking cognizance and issuance of process by the trial Court, on point of jurisdiction.

Hence, requests to dismiss the petition.

6. Heard both sides. Perused the record.

7. It is undisputed fact that the petitioner herein/accused officer was formerly worked as S.B. Manager, ACB, Head Office, Vijayawada and by the date of registration of crime, he was working in Audit Section, ACB, Head Office, Vijayawada. Th