A court exercising jurisdiction under Section 528 of BNSS cannot conduct a mini-trial or adjudicate disputed questions of fact; if prosecution materials disclose a prima facie case, the criminal proceedings cannot be quashed.

Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records relating to the Charge Sheet in Spl.C.C.No.25 of 2025 on the file of the Principal District Court, Ranipet District, Ranipet, arising out of Crime No.1 of 2024 on the file of the Deputy Superintendent of Police, Vigilance and Anti-Corruption, Ranipet, Ranipet District and quash the same.

O R D E R

This criminal original petition has been filed seeking to quash the proceedings pending against the petitioner in Spl.C.C.No.25 of 2025 on the file of the Principal District Court, Ranipet District, Ranipet.

2. Based on the complaint lodged by the de facto complainant/2nd respondent alleging that the petitioner, who was then working as a Licensed Surveyor in the office of the Tahsildar, Walajah, Ranipet District, demanded illegal gratification of a sum of Rs.5,000/- from the 2nd respondent/de facto complainant for the purpose of surveying the land in connection with patta name transfer and subsequently, reduced the demand amount to Rs.3,500/- and thereafter, to Rs.3,000/-, a case in Crime No.1 of 2024 came to be registered on the file of the respondent police as against the petitioner for the offence punishable under Section 7(a) of the Prevention of Corruption (Amendment) Act. Upon completion of investigation, the final report came to be filed before the jurisdictional Court and the same was taken on file by the Principal District Court, Ranipet District, Ranipet and numbered as Spl.C.C.No.25 of 2025 for the aforesaid offence, which proceedings are now sought to be quashed.

3. Learned counsel appearing for the petitioner made the following submissions:-

3.1. The petitioner is innocent and has been falsely implicated in this case. The petitioner neither demanded nor accepted any illegal gratification from the de facto complainant, as alleged by the prosecution. The petitioner never made any demand for illegal gratification and that it was only the de facto complainant who thrusted the alleged amount upon the petitioner.

3.2. There are absolutely no concrete materials available on record to substantiate the allegation of demand and acceptance of illegal gratification and that the petitioner has been unnecessarily roped in for the offence under Section 7(a) of the Prevention of Corruption (Amendment) Act. Hence, continuation of the criminal proceedings against the petitioner would amount to abuse of process of law and therefore, the impugned proceedings in Spl.C.C.No.25 of 2025 are liable to be quashed.

4. Per contra, the learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and made the following submissions:-

4.1. On 18.03.2024 at about 10.30 a.m., immediately after receiving the application submitted by the de facto complainant for patta name transfer from the office of the Sub-Registrar, the petitioner contacted the de facto complainant over phone and informed him that he had been entrusted with the task of surveying the land and issuing the necessary survey certificate. At that time, the petitioner demanded a sum of Rs.5,000/- as illegal gratification for conducting the survey and issuing the certificate.

4.2 On 20.03.2024, the petitioner surveyed the land and thereafter, on repeated requests made by the de facto complainant, reduced the bribe amount to Rs.3,500/-. Thereafter, on 21.03.2024, the petitioner once again contacted the de facto complainant over phone, reiterated his demand and insisted upon payment of the illegal gratification amount. Upon further request made by the de facto complainant, the petitioner reduced the amount to Rs.3,000/- and directed the de facto complainant to bring the amount either on 22.03.2024 or on 25.03.2024.

4.3. Since the de facto complainant was unwilling to pay the illegal gratification, he lodged a complaint before the respondent police, pursuant to which, a case in Crime No.1 of 2024 came to be registered and trap pr