(1.) The petitioner herein, who is an accused in ACB Ballari Crime No.10/2018, is seeking quashing of the registration offIR by the said establishment for offences punishable under section 7(a) and 7A of Prevention of Corruption Act, 1988 ( the Act for short) by fil ing this petition under Section 482 of the Cr.P.C.
(2.) The brieffacts are that one K. Pampapathilodged a complaint before the ACB, Ballari on 15.11.2018 alleging that the petitioner, who is the Sub-Registrar of Hospet was indulging in corrupt activities and he was obtaining illegal gratification directly and through various middlemen including the staff working in his office and deed writers, for registering documents, issuing encumbrance certificates and for performing other official duties. After registering the said case and obtaining search warrant from the jurisdictional Special Judge, a unit of the ACB Ballari conducted search operation in the office of the petitioner and during the same, it is stated that a sum of Rs.2,95,048/- was recovered from various persons including the staff and deed writers etc., who were present in the premises of the office of the Sub- Registrar at Hospet.
(3.) Learned counsel for the petitioner submitted that the complainant has nothing whatsoever to do with the office of the petitioner and he had not gone there to secure any documents from the said office or to register any document there and he was a busybody and a complaint at his instance should not have been entertained by the ACB at all. He submitted that during the raid and search, no amount whatsoever was recovered from the petitioner and in fact on his personal search, he was found only with a cash of Rs.50/-, which shows that he was an honest person. He further submitted that insofar as recovery of Rs.2,95,048/- from various persons who are either the employees of the establ ishment or deed writers is concerned, the said employees and the deed writers had given proper explanation for they being in possession of the money. He also contended that the ACB Police have misused their power and in such misuse of power, they had registered a case and conducted raid and if case is proceeded with further against the petitioner herein, it will destroy morale of an honest official working for the government and that will amount to abuse of the process of law and therefore, this is a fit case for quashing the FIR.