SHABEER M.H Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl. M.C. has been filed to quash the final report and all further proceedings in CC No. 306/2016 on the files of the Enquiry Commissioner and Special Judge, Muvattupuzha (for short, the court below).

(2.) The petitioner is the accused. The offence alleged against him are punishable under Sec. 7 and 13(1) (d) r/w sec. 13(2) of the Prevention of Corruption Act (for short, the PC Act).

(3.) The prosecution allegations, in short, are as follows: The petitioner, while working as Agricultural Officer, Krishibhavan, Payipra, Muvattupuzha abused his official position as a public servant, demanded an amount of ?1,00,000/- from the complainant/2nd respondent as illegal gratification on 22/7/2013 for forwarding a favourable report to the District Collector with respect to a paddy field filling case of the 2nd respondent at the Mulavoor Village. On 25/7/2013, the petitioner again reiterated his demand and agreed to accept the bribe money in two instalments. In pursuance of the demand, the 2nd respondent paid, and the petitioner accepted Rs.50,000.00 as the first instalment on 26/7/2013. It was agreed to pay the balance of ? 50,000/-before sending the report to the District Collector.