POOLA ASWARTHA NARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition is filed under Section 482 Code of Criminal Procedure. seeking to quash the proceedings in C.C. No. 5 of 2010 on the file of the Special Judge for SPE and ACB cases, Nellore.

(2.) I have heard the learned Senior Counsel Sri Gangaiah Naidu appearing for the Petitioner and the learned Special Public Prosecutor for ACB cases.

(3.) Brief facts of the case are that while the Petitioner was working as the Special Deputy Collector for Land Acquisition, Chitravathi Balancing Reservoir-II, Pulivendula, Kadapa District he was alleged to have demanded an amount of Rs. 15,000/- as bribe from one Parvathamma for issuing a cheque for Rs. 1,85,000/- payable towards compensation for the land of an extent of Ac. 1.39 cents at Goddumarri Grampanchayat acquired by the State of A.P. According to the prosecution, the said Parvathamma authorised one Ram Mohan Reddy who is no other than her brother to receive the cheque on her behalf and that when the said Ram Mohan Reddy asked for issuance of cheque the Petitioner demanded an amount of Rs. 15,000/-, then the said Ram Mohan Reddy, who is not interested to pay bribe as demanded by the Petitioner, approached the ACB officials who laid trap on 26.5.2008 at Kadiri and during the trap Dasari Venkata Subbaiah who is the Attender of the Petitioner received the tainted amount and he later gave the amount to the Petitioner. It is the version of the prosecution that the Petitioner remaining at a recreation Club at Kadiri authorised his Attender (AO. 2) Dasari Venkata Subbaiah to receive the tainted amount on his behalf.