TRIBHUVAN DAHIYA, J.

The petition has been filed under Section 482 Code of Criminal Procedure (for short, ‘Cr.P.C.’) for quashing of: (i) FIR No.19 dated 15.10.2022, registered under Section 8 of the Prevention of Corruption Act, 1988, as amended by Prevention of Corruption (Amendment) Act, 2018 (hereinafter referred to as ‘the PC Act’), at Police Station Vigilance Bureau, FS-I, Punjab at Mohali, Annexure P-1, along with all subsequent proceedings arising therefrom; (ii) final report/challan under Section 173 Cr.P.C., dated 03.12.2022, Annexure P-2; (iii) order passed by learned Special Judge, S.A.S. Nagar, Mohali, dated 29.08.2023, Annexure P-14, whereby the petitioner’s application filed under Section 227 Cr.P.C. seeking discharge from the case has been dismissed. Further, a prayer has been made to allow the application for discharge, Annexure P-7.

1.1. At the outset, learned senior counsel for the petitioner have restricted the prayer in the petition, as mentioned in the additional affidavit dated 23.12.2023 also, only to seeking a direction to the respondent to get a fresh/de novo investigation of the case conducted through an independent agency.

2. The aforementioned FIR no.19 was registered on 15.10.2022;the relevant extract whereof reads as under:

… states that I am Manmohan Kumar, I am posted as Assistant Inspector General Police at Vigilance Bureau, Flying Squad-1, Punjab SAS Nagar. Yesterday on 14.10.2022 at around 6:15 PM I received a call on my personal mobile phone number 9915029010 from another phone number 9815212222. As this number was not saved in my mobile, I enquired about the identity of the person speaking on the other side. On which the other person told his name to be Sunder Sham Arora and introduced himself as former-minister and told himself to be old acquaintance. While talking about the well being of the families, he told me about the passing away of his wife. On which I paid condolences. On which he told me to sent the MANINDER location of my house but I refused to do so. But he insisted to come to my house to share the grief on which I sent him the location of my house at Zirakpur through whatsapp from my number 9915029010 to his whatsapp no. 9815212222. After some time he came to my house and started discussing about domestic matters. During this time he initiated the topic of case pending against him of vigilance bureau and told me that I can save him from this case. He offered me a bribe of Rs.1,00,00,000/- (one crore rupees) in lieu of this and I was shocked to hear this. He told me that he'll pay half the amount of Rs.50,00,000/- (50 lakh rupees) on 15.10.2022 and the remaining amount will be paid afterwards. I never expected this kind of discussion from him that is why I did not record the conversation because I never demanded bribe nor I wanted to take the bribe. Being the officer of vigilance bureau, I remained silent at that time to take legal action against such person who was promoting bribery in the society. He left my house after stating that he will pay the bribe money on 15.10.2022. After he left, I immediately informed my senior officer regarding this. Today on 15.10.2022, Sunder Sham Arora, former minister will come to give me Rs.50,00,000/- (50 Lakhs) as bribe. Sunder Sham Arora, former minister, has committed the crime of inducing a government official to perform his duties illegally by offering him bribe money in return for doing his work. Due to this, appropriate legal action should be taken against former minister Sunder Sham Arora, under the provisions of Prevention of Corruption Act. SD/- Manmohan Kumar dated 15/10/2022, Attested by Ajay Kumar, Deputy Superintendent of Police, Vigilance Bureau, F.S-1, Punjab at Mohali dated 15.10.2022, Police Proceedings:- Today on 15.10.2022, I was present at my office Vigilance Bureau, F.S-1, Mohali. One application from Manmohan Kumar, PPS, Deputy Superintendent of Police, Vigilance Bureau, FS-1, Punjab, S.AS. Nagar, son of Late Mr. R