1. The tenth accused in AnnexureA1 FIR No. VC 4/2013 of VACB Unit, Ernakulam, who is a lawyer practising in this Court, is the petitioner herein. In this petition filed under Section 482 of the Criminal Procedure Code (for short 'the Cr.P.C.'), he challenges Annexure A1 FIR in VC 4/2013 of Vigilance and Anti Corruption Bureau, Ernakulam Unit filed` before the court of Enquiry Commissioner and Special Judge, Thrissur and all further proceedings thereto.

2. The allegation in the FIR is that accused Nos.1 to 10, who are public servants and office bearers of the Kerala Cricket Association (hereinafter referred to for short as 'the KCA' only), which is a society registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955, have conspired with accused Nos.11 to 16, with the motive of illegal monetary gains, in the matter of purchase of 23.95 Acres of land at Edakochi in Ernakulam District for construction of stadium and executed sale agreements by suppressing the actual price and showing higher price and caused loss to the Association and thereby, misused their public offices and accordingly, the accused committed the offences punishable under Sections 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, (hereinafter referred to for short as 'the P.C.Act') and Section 120B of the Indian Penal Code (for short as 'the I.P.C.'). The second respondent, the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Ernakulam Unit registered the above FIR, allegedly after conducting a preliminary inquiry on the receipt of the complaint under Section 156(3) of the Cr.P.C. from the court below, which is preferred by one Joy Kaitharath, General Secretary, State Human Rights Protection Centre, Thrissur, and taken on file as CMP No.792 of 2011 by the Court of Enquiry Commissioner and Special Judge, Thrissur. Annexure A9 is the above referred complaint. In short, the subject matters of Annexure A9 complaint and Annexure A1 FIR are connected with the alleged conspiracy entered into by accused Nos.1 to 10, who are officials of the KCA and public servants, with accused Nos.11 to 16 with regard to the purchase of 23.95 Acres of land at Edakochi on 6.4.2009 for the construction of cricket stadium for the KCA. It is the above FIR under challenge in th s proceedings, instituted under Section 482 of the Cr.P.C.

3. Heard Sri.G.Shrikumar, the learned Senior Counsel for the petitioner, Smt.S.Hyma, the learned Public Prosecutor for respondents 1 and 2 and Sri.C.Unnikrishnan (Kollam), learned counsel appearing for the third respondent/the de facto complainant, who originally filed Annexure A9 complaint.

4. The learned Senior Counsel Sri.G.Shrikumar, after taking me through Annexure A9 complaint and Annexure A1 FIR, strenuously submitted that the allegation against the petitioner, who is the tenth accused in the above FIR, proceeds on the presumption that he is an office bearer of KCA, which allegation is factually incorrect and therefore, the complaint itself is unfounded. In order to substantiate the above contention, the learned counsel took me through Annexure A2 bye-laws of KCA, the photocopies of the relevant pages of the annual reports published by the KCA, original of which are filed before the Registrar of Societies for the years 2008- 2009,2009-2010,2010-2011 and 2011-2012 and produced as Annexures A3 to A6. On the basis of the above documents, the learned counsel specifically submitted that the petitioner is not an official of KCA and not even a member of Kerala Cricket Association. It is the further contention of the learned counsel that in fact, the General Body Meeting of the KCA had decided to purchase the required land in Ernakulam to construct a cricket stadium, otherwise, no test cricket matches in our State could be held in view of the stipulation of the Board of Control of Cricket in India and accordingly, a Stadium Committee, consisting of 7 persons was formed a