ABDUL RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, the accused in FIR No.1/2021 of SCK of VACB, Special Cell, Kozhikode, seeks to quash Annexure-I FIR in these proceedings. The petitioner is alleged to have committed the offences punishable under Sec. 13(2) r/w Sec. 13(1)(e) of the Prevention of Corruption Act, 1988, and Sec. 13(2) r/w Sec. 13(1)(b) of the Prevention of Corruption (Amendment Act), 2018. Facts

(2.) The petitioner is an Assistant Surgeon in the Kerala Health Services. In 2017, while he was working as a Medical Consultant in the Government Taluk Hospital, Thamarassery in Kozhikode District, one Shri. Noushad filed a complaint before the VACB, Kozhikode, alleging that the petitioner demanded a bribe from him for doing a laparoscopic surgery on his wife. The VACB registered crime No.1/2017/KKD alleging offences punishable under Sec. 7 and Sec. 13(2) r/w Sec. 13(1)(d) of the PC Act. The Vigilance laid a trap. The petitioner was arrested at the time of receiving a sum of Rs.2,000.00 from the complainant. The VACB conducted investigation and submitted a final report, dropping all further proceedings against the petitioner. However, the Special Court did not accept the report and ordered further investigation.

(3.) The VACB registered the present crime V.C.No.1/2021, alleging that the petitioner amassed wealth disproportionate to his known sources of income during the check period from 20/1/2011 to 31/12/2017 based on confidential information. The investigation is going on. During the investigation, the check period was revised as 1/1/2011 to 3/2/2021. Submissions