Karnataka High Court Quashes 8 Yrs Old FIR Against Former CM Yeddyurappa In Land Denotification Case

The Karnataka High Court has quashed an FIR registered in the year 2015, against former Chief Minister B S Yeddyurappa, on the basis of the report 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 was informed that a coordinate bench of the high court had in 2015 considered the very allegations and had held that CAG report cannot be used as a foundation to build up a criminal case and cannot be made a part of investigation.

“The F.I.Rs. in question neither in consonance with Section 154(1) nor 157(1) of Cr. P.C. cannot be sustained even after noticing the fundamental defects in their formulation. Allowing the investigation to continue on these defective F.I.Rs. is by itself abuse of process of law. These F.I.Rs. since not registered on information about a cognizable offence, in my considered opinion, it is not required to go further to the merit of the allegations made against the petitioner or the defence offered by him to the said allegation,” it had held said back in 2015.

In view of this the bench said the issue stands covered on all its fours by the co-ordinate bench judgment (supra).

Accordingly it allowed the petition quashed the impugned proceedings qua Yeddyurappa.

Case Title: B S Yeddyurappa And State of Karnataka

Case No: WRIT PETITION NO. 1354 OF 2016

Citation: 2023 LiveLaw (Kar) 207

Date of Order: 01-06-2023

Appearance: Advocate Sandeep S Patil for petitioner.

Advocate B.S.Prasad FOR R-1.

ASG H.Shanthi Bhushan FOR R-2.

Advocate K P Yashodha, HCGP for R3.

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