Arijit Pasayat, C.J.

This application has been taken up by Division Bench along with WA 2313 of 1999 arising out of OP 23138 of 1999, as mention was made about an interim order passed in this case staying further proceedings of trial of the casein the event of charge sheet being filed. Prayer in the Original Petition as well as the Writ Appeal has nexus with such order of stay. In this application under S.482 of the Code of Criminal Procedure, 1973 (in short'Code'), prayer has been made to quash entire proceedings initiated on the basis of First Information Report (in short 'FIR') lodged on 27.3.1997 (FIR No. 44/97, Kannur District Vigilance and Anti-corruption bureau).

2. According to petitioner, he has been a victim of harassment while acting as a Village Assistant. He had got into bad books of some influential but evil designed persons. He had entered into service under the benefit of dying in harness scheme, as his father had died on 2.6.1992 as PWD NMR. When he joined service on 28.11.1996, a violent agitation was going on in connection with encroachments over excess land. Strike was going on with the active support of Leftist parties within territorial jurisdiction of Padiyoor Village office. Encroachment agitation was in respect of 'Padiyoor Gopi Kumar Estate' which was taken over by State Government treating it to be excess land. Leftist party workers and supporters encroached into this land and erected tents. Orders of Government were to be effect that no encroachment should be allowed and trespassers should be evicted. By the time petitioner joined service, revenue authorities were evicting trespassers with the help of police. Petitioner who had just entered into service was also deputed on his very first day to said estate for evicting encroachers and to demolish temporary sheds and tents erected by encroachers. This continued for about one month and during said process, there were instances of direct confrontation between petitioner and other officers on the one side, and encroachers on the other. Encroachers threatened petitioner and other officers with dire consequences for removing temporary sheds and tents erected by them. Since he was carrying on official duty, he did his best to comply with directions given by his superiors. As he was not complying with the unreasonable and illegal request of encroachers, he was targeted. All these incidents are known to the Village Officer, his immediate superior and other officials who had participated in the aforesaid demolition work. On one occasion, four of the agitators directly came to him and threatened with dire consequences. Agitation continued till the end of December 1996 and it was stopped when Left parties came to power. In October 1997, another attempt of encroachment was reported and petitioner found that very same encroachers were cutting and removing bushes and branches of trees. Six full lorry loads of bushes and branches so illegally out and removed were confiscated. Matter was reported to Tahsildar, Thaliparambu for taking action under Kerala Land Conservancy Act. In the meanwhile, one of the brothers of petitioner, who is employed in National Security Guard (NSG) in Haryana sent a car to petitioner at Chuliyad. In the car, four colleagues of his brother, who belong to North India, also travelled. As there was no cartable way to petitioner's house. Car was parked in the night by the side of main road. A complaint was filed before Irikkur Police Station by same group of people nursing grudge alleging that smugglers are visiting house of petitioner and that smuggled goods were kept in the said car. On getting information, police came to his house for raid, but they could not get anything illegal. However, said incident injured petitioner's reputation as he was humiliated in front of his brother's colleagues. Same miscreants damaged the car by stoning, tyres were deflated, car sterio was stolen causing loss of more than Rs. 13.000/-.

Petitioner's br