The Karnataka High Court in the case B S Yeddyurappa And State of Karnataka observed and has quashed an FIR registered in the year 2015 against the former Chief Minister B S Yeddyurappa, which being on the basis of the Comptroller and Auditor General of India for alleged illegal denotification of land and allotment of sites by the Bangalore Development Authority.
The court in the case observed and was informed that the coordinate bench of the high court had in the year 2015 considered the very allegations and it has been held by the court that CAG report cannot be used as a foundation in order to build up a criminal case and cannot be made a part of investigation.
Therefore, the court in the case stated that back in the year 2015 the F.I.Rs. in question neither in consonance with Section 154(1) nor Section 157(1) of Code of Criminal Procedure, 1973 cannot be sustained even after noticing the fundamental defects in their formulation. Thus, the court while allowing the said investigation to continue on these defective F.I.Rs. is by itself abuse of process of law, the said FIR needs not to registered on information about a cognizable offence, in my considered opinion. Further, the court stated that it is not being required to go further to the merit of the allegations which are made against the petitioner or the defence offered by him to the said allegation.
The bench stated that the issue stands being covered on all its fours by the co-ordinate bench judgment (supra).
Accordingly, the court allowed the petition and has quashed the impugned proceedings qua Yeddyurappa.
The counsel, Advocate Sandeep S Patil appeared for the petitioner.
The counsel, Advocate B.S.Prasad FOR R-1.
The counsel, ASG H.Shanthi Bhushan FOR R-2.
The counsel, Advocate K P Yashodha, HCGP represented for R3.
