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1999 Supreme(Ker) 517

ARIJIT PASAYAT, K.S.RADHAKRISHNAN
Mathew – Appellant
Versus
State of Kerala – Respondent


Judgment :-

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




















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