Bangalore: Another Setback for Yeddyurappa: HC Rejects Plea to Quash FIR
From Our Special Correspondent
Daijiworld Media Network - Bangalore
Bangalore, Aug 26: In yet another setback to the former Karnataka Chief Minister B S Yeddyurappa, the State High Court’s Division Bench rejected his plea for quashing the FIR lodged by the Lokayukta police on a private complaint on the alleged irregularities in the award of contracts for Upper Bhadra Irrigation Project work.
The Division Bench comprising Mr Justice K L Manjunath and Mr Justice H S Kempanna, in their order on Yeddyurappa’s petition for quashing the FIR lodged by the Lokayukta police on the private complaint filed by State JD(S) General Secretary and spokesman Y S Y Datta, MLC.
The complaint was filed in the Lokayukta court, which later ordered a probe on August 8. Subsequently an FIR was filed by Lokyukta police on Aug 10.
Senior advocate of Supreme Court, U U Lalit, who appeared on behalf of the former Chief Minister, had in his petition challenged the complaint and order of reference by Special Lokayukta Judge N K Sudhindhra Rao under Sec 156(3) of CrPC (initiating criminal proceedings) on the ground that the Judge was not a magistrate and therefore lacked the necessary jurisdiction to take cognisance of the complaint.
''The complaint has to be taken cognisance and referred to under Sec 202 of CrPC, which is nothing but collection of evidence,” he submitted.
The Senior Counsel had argued that the lower court had exceeded its jurisdiction and therefore the FIR by the Lokayukta police would have to be dropped.
But the High Court ruled there was no merit in this argument and held that the Special Judge had power to refer to refer the complaint filed before it for investigation to Lokayukta police under Sec 156(3) of the CrPC by virtue of the powers vested in him to receive a private complaint and take cognizance.
''The special judge enjoys all powers of criminal jurisdiction, except those specifically denied,” the High Court Division Bench contended.