ORDER

This Criminal Revision Case is filed by the petitioner - accused aggrieved by the order dated 24.08.2022 of the learned Principal Special Judge for Trial of SPE & ACB Cases at Hyderabad in Crl.M.P.No.616 of 2022 in C.C.No.18 of 2014 in dismissing the petition filed under Section 321 of Cr.P.C.

2. The petitioner - Accused Officer worked as Executive Engineer, Division - VI, Greater Hyderabad Municipal Corporation (for short "GHMC"), Hyderabad from 05.01.2009 to 01.06.2011.

3. As per the case of the prosecution on 31.05.2011 at 16:00 hours, the de facto complainant i.e. the Manager (Finance & Marketing) of Ashok Engineering Works, MIG-72, KPHB Colony, Hyderabad visited the Office of ACB City Range - I, Hyderabad and lodged a report stating that on 16.11.2010 and 27.12.2010, the GHMC invited for tenders for supply of Hot Mix plant and its accessories at GHMC Stores, Chudi Bazaar, Hyderabad. They applied for all the tenders and got all the tenders and completed all the formalities and paid an amount of Rs.54,894/- towards Earnest Money Deposit (for short "EMD") @ 2.5 % of the tender value and signed all the documents. On 19.03.2011, they supplied complete machinery to GHMC Stores, Chudi Bazaar, Hyderabad and also completed the erection and commissioning. After few days, they approached the concerned Executive Engineer Mr.Chinna Reddy (the petitioner herein - Accused Officer) for the bill payment. He demanded an amount of Rs.4,00,000/- as bribe for passing the bills. The complainant requested to reduce the amount. But, he did not accept his request. After few days, again he approached the Accused Officer for bill payment and requested to pass the bills. The Accused Officer Mr.Chinna Reddy reduced the bribe amount to Rs.3,00,000/-. On 27.05.2011, they received an amount of Rs.17,37,756/- as part payment. On 28.05.2011, Mr.Chinna Reddy called him and demanded to pay bribe of Rs.3,00,000/- as gift for the bills already passed and for release of the balance bill of Rs.4,58,215/-. The Accused Officer again called him on 31.05.2011 and demanded for the bribe amount and asked him to bring the bribe amount to his home located at MLA, MP Colony, Jubilee Hills, Hyderabad.

As the complainant was not willing to pay the bribe amount to the Accused Officer, he lodged the complaint with DSP, ACB, City Range - I, Hyderabad.

4. Basing on the said report, confidential enquiries were made by the ACB with regard to the genuineness of the complaint, registered a case in Crime No.11/ACB- CR-1/2011 under Section 7 of Prevention of Corruption Act, 1988. After obtaining prior permission from the competent authority, they conducted a trap on 01.06.2011 at 09:00 PM at the house of the Accused Officer. As per the charge sheet filed by the Inspector of Police, ACB, City Range - I, Hyderabad, the trap was successful and both the hand fingers of the Accused Officer yielded positive results when subjected to phenolphthalein test and the tainted bribe amount was seized under the cover of mediators report - II. The Accused Officer was arrested on 02.06.2011 and subsequently enlarged on bail. The Director, ACB, Telangana State, Hyderabad issued orders to file charge sheet against the AO and since the AO retired from service on 31.01.2014, no sanction for prosecution was obtained from the Government, as the same was not required.

5. Cognizance was taken for the offences under Sections 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 and the case was numbered as C.C.No.18 of 2014. Charges were also framed for the alleged offences and the matter was posted for trial. At that stage, the Government issued a memo vide G.O.Ms.No.118 dated 06.07.2022 of Municipal Administration and Urban Development (Vigilance - I), Department ordering to withdraw the prosecution against the petitioner - AO.

6. The Special Public Prosecutor, ACB, Hyderabad along with memorandum of the Office of the Director General, ACB, Telangana State, H