REENA N. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS' for short), to quash Annexure A2 FIR No.7/2023/KLM of the Vigilance and AntiCorruption Bureau, Kollam Unit, now pending on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapruam. The petitioner herein is the 2nd accused in the above case.

(2.) Heard the learned senior counsel for the petitioner/ 2nd accused and the Special learned Public Prosecutor in detail. Perused the relevant records.

(3.) The prosecution case is that the defacto complainant, who is a licensed document writer, when presented three sale deeds on 12/6/2023 before the Sub Registrar, Kundara, for registration, as part of conspiracy hatched between the 1st accused, who is the peon of the office and the 2nd accused, the Sub Registrar, the 1st accused demanded Rs.4,500.00 (Rupees four thousand five hundred only) as bribe, i.e., at the rate of Rs.1,500.00 (Rupees one thousand five hundred only) for one document, for registering the above documents. When the complainant informed the 1st accused that he did not have the money, the 1st accused informed him that two sale deeds would only be registered on 12/6/2023 and registration of the third one would be done on 13/6/2023 (tomorrow), for which Rs.4,000.00 (Rupees four thousand only) had to be entrusted to him. The further case of the prosecution is that, pursuant to the said demand, on 13/6/2023, the complainant met the Deputy Superintendent of Police (Dy.SP), VACB, Kollam, and pre-trap proceedings initiated. Thereafter, after applying phenolphthalein powder in 8 notes for the value of Rs.500.00, the complainant reached the office at 4.50 pm and the Dy.SP waited outside. Then the complainant along with Vinod Kumar entered inside the Sub Registrar Office and saluted Smt.Reena, the Sub Registrar Officer. Then Reena instructed him to go to the record room behind her seat, by gesturing with her right hand. When he hesitated to enter into the record room, Suresh (A1) called him inside, and he entered therein. Then Suresh said that the amount should not to be reduced and showed his right hand. Soon the complainant handed over the bribe money, which was kept in his pocket, to Suresh, and Suresh opened the same by using both his hands and placed inside a file board. Vinod witnessed the same. Thereafter, the 1st accused was arrested at 5.25 pm and as per the prosecution case, after recording the arrest of the 1st accused and after completing the formalities of trap, the second accused was also arrested at 7.15 pm from the office itself. On this premise, the prosecution alleges commission of offences punishable under Sec. 7 of the Prevention of Corruption Act, 1988 as amended by Prevention of Corruption Act, 2018 (hereinafter referred to as 'the PC Act, 2018' for short) as well as under Sec. 120B of the Indian Penal Code (hereinafter referred to as 'IPC' for short) by accused Nos.1 and 2.