VOMPOLU SUBHADRA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) HEARD the learned Counsel appearing for the petitioner and the learned Standing Counsel for the ACB Cases.

(2.) THIS criminal petition is filed under Section 482 of the Code of Criminal Procedure to quash the entire proceedings in CC No.10 of 2012 on the file of the III Additional District and Sessions Judge cum Special Judge for ACB Cases, Visakhapatnam.

(3.) THE de facto complainant was a diet contractor of Mother and Child Hospital. (Ghosha Hospital), Vizianagaram. He submitted certain diet bills for the months of April, to October, 2010 for an amount of Rs.1,76,926/, the cheque was prepared for the said amount and the same was forwarded to the petitioner, who was working as Deputy Civil Surgeon and In charge resident Medical Officer for her signature. It is alleged that on 4.11.2010 the petitioner demanded an amount of Rs.10,000/ as bribe for signing the cheque. The de facto complainant allegedly agreed to pay an amount of Rs.8,000/ as bribe and the petitioner did not sign the daily diet book from 25.10.2010 as the demanded bribe amount was not paid. The de facto complainant, who was unwilling to pay the bribe amount approached the DSP, ACB and lodged a report with him. On the strength of his report, a case in Crime NO.16/RCT ACB/VZM/2010 of ACB was registered under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988. A trap was laid in the course of investigation. According to the prosecution, in the course of the said trap, the petitioner received an amount of Rs.8,000/ from the de facto complainant, counted the amount with her right hand, called the duty doctors, LWs.5 to 7 and distributed the amount of Rs.2,500/ , 1,000/ and 1,500/ respectively to them and retained the remaining amount of Rs.3,000/ with her. Thereafter, on a pre arranged signal relayed by the de facto complainant, the raiding party rushed in and caught hold of the petitioner, the cash of Rs.3,000/ was recovered from the petitioner and chemical test conducted on her both hands yielded positive result.