Mining scam: HC rejects BSY`s plea to quash FIR

The Karnataka High Court rejected former Chief Minister BS Yeddyurappa`s petition, seeking quashing of FIR by Lokayukta police on a private complaint alleging financial irregularities in Upper Bhadra irrigation project.

Bangalore: The Karnataka High Court on Friday
rejected former Chief Minister BS Yeddyurappa`s petition,
seeking quashing of FIR by Lokayukta police on a private
complaint alleging financial irregularities in Upper Bhadra
irrigation project.

The order was passed by a division bench comprising
Justices KL Manjunath and HS Kempanna.
The complaint was filed by JD-S spokesperson Y S V Dutta
in the Lokayukta court, which later ordered a probe on August
8. Subsequently an FIR was filed by Lokyukta police on Aug 10.

Yeddyurappa`s counsel and Supreme Court lawyer U U Lalit
had challenged the complaint and order of reference by Special
Lokayukta judge N K Sudhindhra Rao under Sec 156(3) of CrPC
(initiating criminal proceedings), stating that Rao is not a
magistrate and hence has no jurisdiction to take cognisance of
the complaint, making a reference under the Section.

"It has to be taken cognisance and referred to under Sec
202 of CrPC which is nothing but collection of evidence," he
had submitted.

Counsel had argued that the lower court had superseded
its jurisdiction and hence the FIR filed as a consequence by
Lokayukta police would have to be dropped.
However, the High Court ruled that they found no merit in
this argument, saying while the court of the special judge,
has power to receive a private complaint and take cognisance,
it also has power to refer it for investigation to Lokayukta
police under Sec 156(3) of the CrPC.

It noted that the special judge enjoys all powers of
criminal jurisdiction, except any specifically denied.

Dutta had alleged that the project was awarded to the
highest bidder, a private firm RNS Jyothi at Rs 1,033 crore,
contrary to the norm, as in the case of a government project
it is the lowest bidder who gets the contract.

In turn, RNS Jyothi transferred Rs 13 crore to Dhavalagiri
Developers and Sahyadri Healthcare, owned by Yeddyurappa`s
sons and son-in-law, he alleged.

PTI

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