S.S.GREWAL, J. - (1.) THIS petition under section 482 of the Code of Criminal Procedure 1973, (hereinafter referred as the Code) relates to quashment of First Information Report No. 116, dated 19.8.1988, under section 5(2) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code, registered at Police Station Civil Lines, Amritsar.
(2.) IN brief, facts relevant for the disposal of this petition, as emerge from the First Information Report lodged by Om Parkash, are, that his son Nishat Chitkara was studying in 3rd Class in Kendriya Vidyalaya No. 3 since 21.7.1988. That school was far away from his residence, whereas, Kendriya Vidyalaya No. 1 was nearest to his house, and for this reason he wanted his son to be admitted in Kendriya Vidyalaya No. 1. On 30.7.1988 he obtained a transfer certificate of his son from Kendriya Vidyalaya No. 3 and approached Shri U. S. Misra, Principal of Kendriya Vidyalaya No. 1 on 1.8.88 and met him in the office and on the following day produced the transfer certificate before the Principal, who is the petitioner in this case. The first informant again met. the petitioner on 3.8.88 and requested him for enrolling his son. He was told by the petitioner to come on some other day. On 8.8.88 first informant went the school office, where he learnt that the Principal would be available after 15.8.88. On 18.8.98 the first informant again approached the petitioner for enrolling his son and at that time the Principal allegedly demand a bribe of Rs. 1.000/-. On the pretext of arranging money the first informant came back to his house, and, later on informed the police and his statement was recorded at Police Station Civil Lines, Amritsar, on 19.8.88. On the same day the first informant accompanied by the police and shadow witnesses went to the residence of the petitioner where on the direction of the petitioner the amount of Rs. 1,000/- was handed over to Tilak Raj and Kishori Lal the two peons. On. receiving the signal, the police patty raided the premises and recovered Rs. 1,000/- from Tilak Raj peon. The hands of both Kishori Lal and Tilak Raj were washed with solution and colour turned red, Pocket of the Pajama of Kishori Lal was got washed with solution and that solution also turned red. The counsel for the parties were heard. On behalf of the petitioner it has mainly been contended that the only allegations, according to the prosecution. against him, are that he demanded Rs. 1,000/- and, there is no evidence whatsoever either that he accepted Rs. 1,000/- himself, or, recovery of any such amount was effected from him. The two main ingredients in this case, of acceptance of bribe, or, recovery of money allegedly passed on are missing. Thus the only ingredient concerning demand of money as bribe, does not constitute any offence either under section 5(2) of the Prevention of Corruption Act, or under section 161 of the Indian Penal Code in this case, taking the case of the prosecution at its fact value. In these circumstances, the trial of the case, as far as the present petitioner is concerned, would amount to abuse of the process of the Court.
(3.) FOR the foregoing reasons, this petition is allowed and the proceedings on the basis of the impugned FIR under section 5(2) of the Prevention of Corruption Act and section 161 of the Indian Penal Code, against the petitioner, are directed to be quashed. However, there will be no legal bar for the prosecution of two peons namely Tilak Raj and Kishori Lal, in respect of the aforesaid offences. The higher authorities dealing with the management of Kendriya Vidyalaya No. 1 is at liberty to take appropriate action against the petitioner, including, his transfer.;