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 27.06.2016 passed in Crl.M.P.No.178 of 2016 in C.C.No.42 of 2015, 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 a Veterinary Assistant Surgeon, Veterinary Dispensary, Muthukur Mandal, SPSR Nellore District from 14.07.2009 to 20.03.2012. On 19.03.2012 at about 16.00 hours, L.W.1-V.Venkata Ramanaiah came to the office of L.W.12-DSP, ACB Office, Nellore and presented a written report stating that he is native of Pantapalem village, Muthukur Mandal. L.W-2-V.Kanthamma, had land to an extent of Ac.1.88 cents in Epuru Bit-I in Survey No.66, Pantapalem village. L.Ws.1 and 2 (Venkata Ramanaiah and Kanthamma) applied for dairy loan to Krishnapatnam PACS (Society Bank) to purchase four she-buffalos in the name of L.W.2-Kanthamma by mortgaging their land about two and half months back by submitting the relevant documents viz., adangal, 1-B form etc., pertaining to the said land. The bank officials granted loan to a tune of Rs.1,36,800/- and an amount of Rs.76,000/- will be sanctioned as 1st installment for purchase of two she-buffalos. For this purpose, L.W.1-Venkata Ramanaiah has to get Health and Valuation Certificate of the two she- buffalos. L.W.1-Venkata Ramanaiah went to Gamallapalem and entered into an oral agreement with L.W.6-Venkateswarlu for purchase of his two she-buffalos for Rs.76,000/-. On 10.02.2012 at 10.30 hours, L.W.1-Venkata Ramanaiah met the accused officer and submitted the letter addressed to the Veterinary Doctor by the Secretary, Krishnapatnam PACS and requested to inspect the two she-buffalos for issuance of health and valuation certificate of the said she-buffalos. On that, the accused officer demanded Rs.3,000/- as bribe for issuance of the said certificate and handed over four ear tags and one cutter to L.W.1-Venkata Narayana asking him to go to Pantapalem to meet her assistant, L.W.5-Shaik Noor Ahmed. On 11.02.2012, L.W.1-Venkata Narayana met L.W.5-Shaik Noor Ahmed and handed over the said four ear tags and one cutter. On 13.02.2012 L.W.5-Shaik Noor Ahmed handed over the measurements slip to L.W.1-Venkata Narayana asking him to submit the same to the accused officer. On 14.02.2012 when L.W.1-Venkata Narayana met the accused officer, the accused officer asked L.W.1-Venkata Narayana whether he brought the said bribe amount, for which L.W.1 replied that he did not bring the same. Again on 17.02.2012 and 19.03.2012, L.W.1-Venkata Narayana met the accused officer and then also, the accused officer demanded for the bribe amount for issuing the certificate. L.Ws.1and 2 Venkata Narayana and Kanthamma discussed about paying bribe amount to the accused officer and as they are not willing and not capable to pay the bribe, they gave a written report to the L.W.12-DSP, ACB, Nellore. The said report was registered as a case in Crime No.6/RCT-NLR/2012 by L.W.12- DSP, ACB, Nellore. During the course of investigation, on 26.03.2012 L.W.11-DSP, ACB along with L.Ws.1and 2 Venkata Narayana and Kanthamma and other trap party left the ACB Office at 10.10 a.m., and reached the Fisheries College of Muthukur at about 10.40 a.m. Later, as per the instructions of L.W.11-DSP, ACB, L.Ws.1and 2 Venkata Narayana and Kanthamma went to the accused officer and on demand, L.W.1- Venkata Narayana took out the tainted amou