RAMAMURTHY B. Vs. ANTI CORRUPTION BUREAU

JUDGEMENT

(1.) The petitioner herein filed this petitioner under Sec. 482 of Cr.P.C for quashing the order passed by the 23rd Additional City Civil Sessions Judge and special Judge (PC Act) Bengaluru in Crime No.9/2021 dtd. 8/11/2020 for having rejecting the 'B' Final Report of the Investigating Officer.

(2.) Heard the arguments of the learned counsel for the petitioner and learned counsel for respondent Nos.1 and 2.

(3.) The case of the petitioner is that the respondent No.2 filed a complaint before Additional Director General of Police, Bengaluru on 19/11/2020 based upon his information one Deputy Superintendent of Police, Thammaiah registered a case against the petitioner in Crime No.9/2021 on 5/2/2021 against accused Nos.1 and 2 for the offence punishable under Sec. 7(a), 13 (1)(a), 12 read with 13 (2) of Prevention of Corruption Act (hereinafter referred as "PC Act" in short) alleging that this petitioner said to be working as Police Inspector in Indiranagar Police Station, Bengaluru has demanded Rs.10.00 lakhs as undue advantage from the accused No.2 for filing B Final report in Crime No.91/2020 registered against accused No.2 in the said police station. It is further alleged that the accused no.2 said to have paid Rs.2,95,000.00to this petitioner by a cheque which was used for making payment in favour of East Cultural Association Club, Indiranagar (in short "ECA") for obtaining a membership and Rs.7.05 lakhs paid by cash. After registering the case and investigating the matter the Investigation Officer has come to the conclusion stating that no such amount has been received by this petitioner and there is no material evidence against him, therefore, he has filed B Final Report before the Special Court. Subsequently, the Special Court issued notice to the respondent No.2 the informant/the defacto complainant and he has appeared through the counsel and filed no objection to accept the 'B' Final report. Special Court instead of accepting the B Final report rejected the same and directed the Investigation Officer for placing the order before the competant authority for seeking sanction under Sec. 19 of PC Act in order to take the cognizance and to issue process under Sec. 204 of Cr.P.C which is under challenge.