K’taka HC refuses to quash FIR against Yediyurappa

Bengaluru, Dec 23 : In a major setback to Karnataka Chief Minister B.S. Yediyurappa, the Karnataka High Court on Tuesday refused to entertain his plea to quash a private complaint alleging that he had carried out ‘denotification of land recklessly’ when he served as the Deputy Chief Minister in 2006-07.
Judge John Michel Cunha in his order observed that he cannot accept the arguments placed by Yediyurappa’s counsel that the FIR be quashed. “To be precise, the entire complaint or the FIR is not quashed. An order passed in favour of accused number 1 (Congress leader R.V. Deshpande) does not benefit the petitioner (Yediyurppa),” the order stated.
The order also directed the Lokayukta court to keep watch over the investigation ordered by the criminal court in respect of the misconduct of public servants, MPs and MLAs involved in the commission of criminal offences.
The order further emphasised that the allegation prima facie disclosed cognisance insofar as the petitioner (Yediyurappa) needs to be investigated.
The judge also noted that accused number 1 (Deshpande) and petitioner (Yediyurappa) occupied public office at different times and in different capacities, and therefore, the argument that the private complaint cannot be construed as just a “conspiracy” and “general allegation”.
The judge asserted that the complaint clearly sought to prosecute the act of denotification of the land done by the petitioner (Yediyurappa) during his tenure as Deputy Chief Minister.