N.K. Balakrishnan, J.

1. The former is the petition filed by the 5th accused and the latter is the petition filed by the 8th accused in Crime No.1/12 of Vigilance and Anti Corruption Bureau, Kasaragod Unit. Both these petitions are filed to quash Annexure-A1, the FIR and the investigation initiated pursuant to the registration of FIR No.1/12 against the petitioners and other accused persons alleging commission of offences under Secs.420, 201 and 120-B of IPC and Sec.13(1)(d) r/w Sec.13(2) of PC Act, 1988. The petitioner in Crl.M.C.No.668/2012, (hereinafter referred to as petitioner) was a serving military personnel. In 1976, he applied for getting assignment of land as there was preference for serving military personnel. Pursuant to the said application he was assigned 3 Acres of land in Survey No.681/CD/Part of Enmakaje Village in Kasaragod Taluk as per the proceedings in L.A.No.15/1976. It was stated that the order of assignment was passed in his favour on 20.4.1977. Subsequently on 18.5.1977 one Sankaranaraya Bhatt and another filed a suit before the Munsiff's Court, Kasaragod as O.S.No.108/1977 contending that they have got 'kumki' right over the said property. In view of the pendency of the suit the petitioner was informed by the Special Tahasildar, Kasaragod on 16.2.1979 that the payment of the land value, tree value etc. need be made only after the disposal of the suit. Since the order of assignment was already passed in favour of the petitioner, as was stated in the written statement filed by the State, the plaint was returned for want of compliance of notice to the State under Sec.80 of CPC. It was stated that the plaint was not re-presented thereafter.

2. It was stated that the petitioner submitted an application dated 14.1.2006 for assignment of land appending necessary documents along with the same including a copy of the order in O.S.No.108/1977. The petitioner contends that he was then informed that the land covered by L.A.No.15/1976 was in the possession of some other persons and so that land cannot be given to him and hence he renewed his application for assignment and submitted the same in 2007 for getting another land for the earlier site, based on which he was granted assignment in 2009. But that order of assignment also did not take effect as it was not suitable and comparable to the land which had been assigned to the petitioner in 1977. Since his subsequent application for assignment in 2007 also bore no fruit he again renewed his application in 2009. He was granted assignment of 2.33 acres of land in Maire Village on 4.6.2010. It was subsequently cancelled by the Government as per order dated 7.6.2011. W.P.(C) No.19122/2011 was filed by the petitioner before this Court to quash the said order of cancellation passed by the Government. It was found that no notice was served on the petitioner before ordering cancellation and hence, it was observed by the court that the order of cancellation served on the petitioner can be treated as a notice before cancellation and thus the petitioner was directed to file his reply within four weeks. He submitted his reply. Again the Government passed an order of cancellation on 16.2.2012. The petitioner contends that he is challenging that order of cancellation also.

3. The prosecution contends that there was a criminal conspiracy among the accused persons in order to assign the government land to the petitioner who was ineligible to get assignment and that for the purpose of getting assignment, the petitioner made dishonest concealment of material facts and induced the authorities to believe that he was a landless poor and that his annual income was less than Rs.30,000/-. The allegation is that, the then Chief Minister (A1) exerted influence over the high ranking revenue officials including the Land Revenue Commissioner and by abusing the power, 2.33 Acres of land comprised in 111/2 and 111/5 of Maire Village in Kasaragod District which was reserved for assign