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2012 Supreme(Ker) 318

N.K.BALAKRISHNAN
T. K. Soman – Appellant
Versus
State Of Kerala, Represented By The Deputy Superintendent Of Police – Respondent


Advocates Appeared:
For the Petitioner:Sekhar Nafade, C. Prathapachandran Pillai, P. Krishna Kumar (Alappuzha), R. Suraj Kumar, Sunil J. Chakkalackal, Advocates.
For the Respondent: Asif Ali, Director General Of Prosecution.

Judgment :-

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 vi


































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