LAWS(APH)-2010-4-10

CHINTHIRALA SURESH KUMAR Vs. STATE OF AP

Decided On April 28, 2010
Chinthirala Suresh Kumar, Proh, Excise Station, Palamaneru, Chittoor Dist Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This petition, under Sec. 482 Criminal Procedure Code, has been filed by the petitioner to quash the proceedings in C.C. No.1 of 2008 on the file of the Special Judge for SPE and ACB Cases, Nellore.

(2.) The brief facts of the case are as follows.

(3.) The main contention of the learned counsel for the petitioner is that admittedly it is the Prohibition and Excise Inspector who demanded the bribe amount and that the petitioner never demanded any bribe amount and that it is not the case of the prosecution that the petitioner was in the company of the Prohibition and Excise Inspector when demand was made and in the absence of any demand no offence is made out. Admittedly, the petitioner had no knowledge when he was directed to receive the amount by the Prohibition and Excise Inspector that it pertains to the bribe amount demanded by the said Inspector and in the absence of any knowledge that the amount pertains to the bribe amount no offence has been made out.