Case Note & Summary
The petitioner, Mr. Murali Krishna R., was a contract driver employed at the BESCOM Corporate Office in Bengaluru. He was arraigned as accused No.2 in Crime No.53/2023 registered by the Karnataka Lokayukta Police for an offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988, based on a complaint by respondent No.2 dated 22.11.2023. The petitioner filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the FIR. The core legal issue was whether a contract driver, who is not a public servant, can be prosecuted under the Prevention of Corruption Act. The court heard arguments from the petitioner's counsel and the Special Public Prosecutor. The court analyzed that Section 7(a) of the Act applies only to public servants, and the petitioner, being a contract driver, did not hold a public office and thus was not a public servant. The court held that the essential ingredient of the offence was missing, and continuing the prosecution would be an abuse of process. Consequently, the court allowed the petition, quashed the FIR, and set aside the proceedings pending before the Special Judge.
Headnote
A) Criminal Law - Prevention of Corruption Act - Section 7(a) - Public Servant - Contract Driver - The petitioner, a contract driver of BESCOM, was not a public servant under the Act. The court held that a contract employee not holding a public office cannot be prosecuted under Section 7(a) of the Prevention of Corruption Act, 1988. The FIR was quashed. (Paras 1-3) B) Criminal Procedure - Quashing of FIR - Section 482 Cr.P.C. - Abuse of Process - The court found that the registration of FIR against the petitioner was an abuse of process of law as the essential ingredient of being a public servant was missing. The petition was allowed and the FIR was set aside. (Paras 2-3)
Issue of Consideration
Whether a contract driver of a public sector undertaking can be prosecuted under Section 7(a) of the Prevention of Corruption Act, 1988 for alleged demand of bribe when he is not a public servant.
Final Decision
The court allowed the petition, quashed the FIR in Crime No.53/2023, and set aside the proceedings pending before the XXIII Additional City Civil and Sessions Judge cum Special Judge (P.C. Act) at Bangalore.
Law Points
- Section 7(a) of Prevention of Corruption Act
- 1988 applies only to public servants
- contract driver not a public servant
- no demand of bribe
- quashing of FIR under Section 482 Cr.P.C.
