Prevention of Corruption Act,1988  - Section 7 , Section 13 (1) ,  (2)

FIR under Prevention of Corruption Act - Quashing of - Accused working as Doctor in Govt. Hospital - Demanded bribe for the operation and for better treatment of patient - A trap laid - Tainted money recovered from accused - Voice of accused and complainant also tape recorded by Police - FIR, however, quashed by High Court on the ground that patient and her husband filed Affidavits that no demand was made by the accused and case against accused was false - Order of High Court set aside - Held - (i) In view of the contents of the FIR and nature of evidence collected by the investigating agency, this is certainly not a case where the FIR can be quashed. (ii) It is risky to encourage the practice of filing affidavits by the witnesses at the stage of investigation or during the court proceedings in serious offences such as offences under the PC Act. (iii) it would be easy for any influential accused to procure affidavits of witnesses during investigation or during court proceedings and get the FIR and the proceedings quashed - Such a practice would lead to frustrating prosecution of serious cases.

Topic(s)-

Important Decision(s)- Tainted money recovered from accused - Voice of accused and complainant also tape recorded by Police - FIR, quashed by High Court on the ground that patient and her husband filed Affidavits that no demand was made by the accused and case against accused was false - Set aside.