O R D E R
The petitioner herein is a Grade II Draftsman of the Re- Survey Office at Udumbanchola. He was trapped by the VACB while accepting an amount of ₹2,000/- as illegal gratification from one Babu @ Mathew. The VACB registered crime on the complaint of the said Babu @ Mathew and instructed him to pay the phenolphthalein tainted currency to the accused. On getting the pre arranged signal from the complainant, the detecting officer approached the accused and made a search for the phenolphthalein tainted currency. But by that time it was either destroyed or concealed. However, the phenolphthalein test conducted on the hands of the accused turned positive. In such a circumstance he was arrested by the VACB, and the VACB proceeded for investigation. The petitioner now seeks orders under Section 482 Cr.P.C, quashing the prosecution initiated against him.
2. On hearing the learned counsel and the learned Public Prosecutor on admission, and also on a perusal of the
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Crl.M.C No.8591 of 2016 2 materials including the complaint and the recovery mahazar, I find no reason or ground for interference in the investigation process at this stage. In view of the phenolphthalein test, that turned positive, the VACB will have to make efforts to recover the tainted money, allegedly received by the accused. In view of the primafacie materials, revealing a case of trap while accepting illegal gratification, I feel it inappropriate to pass any order stalling the investigation, or quashing the crime. Let the investigation process proceed, and let the investigating officer come to a finding. In case, final report is filed against him, and if he finds reasons, factual or legal, to challenge the final report, he can bring appropriate proceedings. I find no reason at this stage to quash the crime against the petitioner. This Crl.M.C is accordingly dismissed in limine, without being admitted to files.
Sd/-
P.UBAID,
JUDGE
//True Copy// P.A to Judge ab
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