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Mere Demand and Acceptance of Bribe Attracts Prevention of Corruption Act Irrespective of Official Capacity: Rajasthan High Court

Shivam Y.

Rajasthan High Court refused to quash a bribery FIR against a head constable, citing prima facie evidence including recovery, trap proceedings, and telephonic proof. - Jagdish Singh v. State of Rajasthan & Anr.

Mere Demand and Acceptance of Bribe Attracts Prevention of Corruption Act Irrespective of Official Capacity: Rajasthan High Court
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The Rajasthan High Court has declined to interfere in a corruption case against a head constable, holding that the FIR and supporting material disclose a clear prima facie offence. The Court emphasized that its inherent powers cannot be used to halt a legitimate investigation at an early stage.

Background of the Case

The petition was filed by Jagdish Singh, a head constable posted in Sawai Madhopur, seeking quashing of FIR No. 334/2022 registered by the Anti-Corruption Bureau. The case involved allegations under the Prevention of Corruption Act, 2018 and criminal conspiracy provisions.

According to the FIR, the complainant alleged that the petitioner demanded ₹20,000 as illegal gratification for assistance in a complaint matter. During a trap operation, a middleman was caught accepting ₹10,000, allegedly on behalf of the petitioner. The prosecution claimed that the amount later reached the petitioner, and subsequent recovery and chemical testing linked him to the bribe.

The petitioner argued that no official work was pending with him and denied any demand or acceptance of a bribe. He also questioned the reliability of telephonic recordings and claimed that recovery was not directly made from him.

Justice Pramil Kumar Mathur, after examining the record, noted that the material available at this stage indicates the presence of essential ingredients of the offence.

“The FIR discloses cognizable offences and reflects demand of illegal gratification supported by telephonic conversations and trap proceedings,” the Court observed.

The bench also pointed out that the recovery of tainted money and positive phenolphthalein test results establish a prima facie link between the accused and the alleged act.

Addressing the petitioner’s argument that no work was pending with him, the Court clarified that such a defence is not sufficient to quash proceedings. It noted that under the law, even a demand for illegal gratification irrespective of actual authority to perform the work can constitute an offence.

The Court further reiterated settled principles governing quashing of FIRs. Referring to precedents, it stated that inherent powers must be exercised sparingly and only in rare cases where no offence is made out on the face of the record.

“Defences raised by the accused are matters for trial and cannot be examined at this preliminary stage,” the bench added.

Finding no exceptional circumstances to invoke its inherent jurisdiction, the Rajasthan High Court dismissed the petition, allowing the investigation and proceedings to continue.

Case Details

Case Title: Jagdish Singh v. State of Rajasthan & Anr.

Case Number: S.B. Criminal Misc. Petition No. 1247/2025

Judge: Justice Pramil Kumar Mathur

Decision Date: 27 January 2026

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