Quashing of criminal proceedings is denied where prima facie evidence exists for bribe acceptance.

O R D E R

The sole accused in C.C.No.14/2024 on the files of Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha, has filed this Criminal Miscellaneous Case under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the prayer herein is to quash Annexure 1 complaint, Annexure 3 FIR with the FIS, Annexure 6 final report and all further proceedings in the above case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the records.

3. This crime was registered on the basis of a complaint lodged by one M.Murukan, S/o.Muthu. According to him, he has been doing the job of a worker at Tea Museum of TATA Company, Munnar. His elder daughter Vaisya was studying for Fashion Designing degree course in National Institute of Fashion Technology, Chennai and the period of course was from 2019 to 2023 and she is a member of a Scheduled Caste community. When he came to learn about the disbursement of post matric scholarship to Scheduled Caste students from the Scheduled Caste department, he made an application before the District Scheduled Caste Office, Idukki and during 2019 when the application was filed, the accused made acquaintance with the complainant and gave his phone number. Later he informed that the scholarship of the year 2019 and 2020 was transferred to his daughter’s account in the State Bank of India and when the amount would be so credited, the same would be informed to him. Thereafter he demanded Rs.60,000/- during 2019 and Rs.50,000/- during 2020 out of the scholarship amount and the said amount was transferred to the account of the petitioner. During 2020, he remitted Rs.50,000/- in the account of the accused @ Rs.25,000/- each by way of google pay. Thereafter again an application was made to get scholarship for the 5^th and 6^th semesters. They came to know that the District Scheduled Caste Development Office for Idukki was then located in Painavu. On 07.11.2021 when the accused was contacted, he informed that the amount of scholarship would be received soon and for which Rs.60,000/- would be the expenditure and the amount should be arranged.

On 06.12.2021, the accused telephoned the defacto complainant demanding Rs.40,000/- urgently and on getting the scholarship amount, Rs.20,000/- more to be given to him for giving the same to 5 other persons in the office. When he expressed his inability to remit the amount, the accused repeatedly made demand for the said amount and threatened him that if the money would not be paid, the scholarship amount would be credited in favour of another. On 18.12.2020, when the accused telephoned to him, the defacto complainant informed him that Rs.10,000/- only was available with him, but the same was not acceptable to the accused and he had demanded the amount by making arrangement otherwise. According to the defacto complainant, he did not have such a high income and he understood that the amount demanded by the accused was bribe. Accordingly on 27.12.2021 he made a complaint against the accused to the Dy.S.P, Vigilance and Anti Corruption Bureau, Idukki, copy of the same is Annexure 1. Accordingly, FIR was registered alleging commission of the offences punishable under Sections 7 (a) of the Prevention of Corruption (Amendment Act 2018) [`PC (Amendment) Act’ for short hereafter] as well as under Section 420 of the Indian Penal Code (` IPC ’ for short). Thereafter the complainant and the witnesses were briefed about the pre-trap proceedings, the phenolphthalein test and the chemical changes that occur when phenolphthalein powder would mix with Sodium Carbonate solution. Thereafter, pre-trap proceedi