NEMURI NARASINGHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Since the appellant died, the wife of the appellant filed I.A.No.1 of 2022 under Sec. 394(2) of Cr.P.C to permit her to prosecute the appeal. Permission granted and appeal is heard.

(2.) The deceased/accused/public servant was convicted for the offence under Ss. 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a period of six months and one year respectively, vide judgment in C.C.No.9 of 2007 dtd. 14/12/2009 passed by the Additional Special Judge for SPE and ACB Cases, City Civil Court, Hyderabad. Aggrieved by the same, present appeal is filed.

(3.) Briefly, the case of the defacto complainant/P.W.1 is that he is an Advocate by profession. Defence Housing Co-operative Society at Sainikpuri used to allot plots to its members. Only serving or Ex-service personnel of defence forces are eligible for allotment of plots in the said society. On enquiry, P.W.1 came to know that Ex-President and Ex-Secretary of the society allotted plots to ineligible persons and grabbed land meant for public use. To question the said illegalities, he wanted to approach the concerned Courts, for which reason, he approached Sub-Registrar Office for obtaining certified copies of the documents of the properties sold in the said society. The accused was working as clerk in the said Sub-Registrar Office Malkajgiri, who provided certified copies after applications were filed. For the four applications, which were filed by P.W.1, the accused demanded Rs.130.00 each total of Rs.520.00 for preparing certified copies and handing over it to him. Since P.W.1 was not inclined give bribe, he approached ACB authorities and lodged complaint Ex.P4 on 23/2/2006. The DSP, then asked the complainant to come on the next date i.e., 24/2/2006.