Supreme Court Stays Karnataka HC Order Refusing To Quash Corruption FIR Against Former CM BS Yediyurappa

The bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli also stayed High Court's order dated December 22, 2020.

The FIR was registered by the Karnataka Lokayukta Police on December 21, 2015 on a private complaint filed by Vasudeva Reddy for the offense under sections 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

Before the Top Court, counsel for Yeddyurappa had submitted that the High Court had quashed the very same FIR which was also registered against accused No 1 Raghunath Vishwanath Deshpande on October 9, 2015. Against this backdrop, he submitted that investigation against the former CM on the very same FIR was illegal and amounted to abuse of process of court.

The single bench of Justice John Michael Cunha, while refusing to quash the FIR against the former CM had also pulled up the police for delaying the investigation against Yeddyurappa.

It said "The circumstances clearly indicate that the delay is intentional and deliberate."

The Court had added, "Petitioner having ceased to hold the office of Deputy Chief Minister which he was holding as on the date of commission of the alleged offence, there is no requirement of obtaining prior sanction. This view is resoundingly reiterated in Abhay Singh Chautala vs. Central Bureau of Investigation (2011) 7 SCC 141. In the light of this settled legal position, the argument of the learned Senior Counsel for petitioner that the order of reference made by learned Special Judge is bad for non-production of sanction under section 19 of Prevention of Corruption Act, 1988 is rejected."

Case Title: BS Yediyurappa v State of Karnataka and Anr

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