Prashant Kumar Agarwal, J. - (1.) By way of this Criminal Misc.Petition under Section 482 Cr.P.C., the accused-petitioner has prayed for quashing of FIR No. 115/2014 registered at Police Station Anti Corruption Bureau, Jaipur for the offences under Sections 7, 8, 10 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as the Act ) and Section 120-B IPC to his extent.
(2.) It is the case of prosecution that the petitioner as a public servant entered into criminal conspiracy with the co-accused and he demanded and obtained an amount of Rs. 500/- as bribe through co-accused in lieu of to issue T.C.C. to the complainant-Shri Yadram Golada.
(3.) It was submitted by the learned counsel for the petitioner that there is no allegation even in the complaint made by the complainant against the petitioner for demand and acceptance of bribe and it is an admitted fact that no recovery of any kind was made from the petitioner and if the allegations made in the complaint are taken to be correct at its face value even then no offence is disclosed to have been committed by the petitioner. It was further submitted that for an offence to be made out under the provisions of the Act, it is to be shown that demand of bribe was made by a public servant and such bribe was obtained by him, but in the present case it is not the case of prosecution itself that any demand was made by the petitioner and bribe was obtained by him. It was also submitted that merely because co-accused-Shri Mukesh Kumar claiming to be an agent of the Transport Department obtained some money from the complainant for issuance of T.C.C. in his favour and he was found present in the office in which petitioner was at the relevant time was working as Lower Division Clerk, it cannot be said that the aforesaid amount was demanded and obtained by the co-accused in pursuance of the criminal conspiracy entered between him and the petitioner.;