Supreme Court Stays Karnataka HC Order Restoring 'Land De-Notification Corruption Case' Against CM Yediyurappa

A Bench led by CJI SA Bobde has issued notice on the plea field Yediyurppa, challenging the High Court's order, and granted interim relief od stay, on a request made by Yediyurppa's counsel, Senior Advocate KV Vishwanathan.

The case pertains to a private complaint filed against Yediyurppa under section 200 of CrPC, alleging that during his CM tenure of 2008-12, Yediyurppa illegally de-notified 20 acres of private land from land acquisition proceedings, to give undue favours to private parties, and caused loss to public exchequer by forfeiting service fee of Rs.2,64,00,000 and development fee of Rs.6.00 crores.

He was accused of commission of offences under sections 7, 10, 13 and 15 of the Prevention of Corruption Act, 1988.

In 2016, the Special Judge dismissed the case by saying that the complaint had no allegations against Yediyurappa.

"There are no allegations in the complaint against the charge sheeted accused B.S. Yeddyurappa and Katta Subramanya Naidu. When there is no allegations made against the charge sheeted accused Nos. 1 and 2 in the complaint and non arriving of the said charge sheeted accused Nos. 1 and 2 in the complaint, this Court is unable to take cognizance of the offence against the charge sheeted accused for the alleged offences."

This order was set aside by the Karnataka High Court, stating that "Once the charge sheet is filed, the Magistrate or the Court has no other option than to take cognizance of the offence alleged in the charge sheet and proceed in accordance with law."

Yediyurppa has challenged the above High Court order before the Top Court.

Before the High Court, Yediyurppa's counsel had argued that he was not named in the PCR or in the FIR registered by police; the investigation was undertaken only against accused Nos.1 to 9; there were no allegations against Yediyurppa and under the said circumstances, the petitioner has no locus-standi to challenge the order passed by the Special Court when the investigating agency themselves have not chosen to prefer any appeal or revision against the order passed by the Special Court.