The Karnataka High Court recently quashed a First Information Report (FIR) filed against Chief Minister BS Yeddyurappa for allegedly de-notifying 15 acres and 30 guntas of land in Bengaluru’s Bellandur and Devarabeesanahalli in 2006.
A single-judge Justice M Nagaprasanna, after considering a plea from the former CM, ordered the quashing of the FIR. The plea was based on the report of the Comptroller and Auditor General (CAG) of India.
During the court proceedings, Advocate Sandeep S Patil, representing Yeddyurappa, informed the single bench 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.
Therefore, the single bench, recognizing that the issue had been thoroughly addressed in the judgment of the previous bench and that the respondents did not dispute the stance, dismissed the proceedings.
