The Karnataka High Court today rejected former Chief Minister BS Yeddyurappa's petition, seeking quashing of FIR by Lok Ayukta police on a private complaint alleging financial irregularities in Upper Bhadra irrigation project.
The order was passed by a division bench comprising of Justice KL Manjunath and Justice HS Kempanna.
The complaint was filed by JD-S spokesperson YSV Dutta in the Lok Ayukta court, which later ordered a probe on August 8. Subsequently an FIR was filed by Lok Ayukta police on August 10.
Yeddyurappa's counsel and Supreme Court lawyer UU Lalit had challenged the complaint and order of reference by Special Lok Ayukta Judge NK Sudhindhra Rao under Sec 156(3) of CrPC (initiating criminal proceedings), stating that Rao is not a magistrate and hence has no jurisdiction to take cognisance of the complaint, making a reference under the Section.
"It has to be taken cognisance and referred to under Sec 202 of CrPC which is nothing but collection of evidence," he had submitted.
Counsel had argued that the lower court had superseded its jurisdiction and hence the FIR filed as a consequence by Lok Ayukta police would have to be dropped.
However, the High Court ruled that they found no merit in this argument, saying while the court of the special judge, has power to receive a private complaint and take cognisance, it also has power to refer it for investigation to Lok Ayukta police under Sec 156(3) of the CrPC.
It noted that the special judge enjoys all powers of criminal jurisdiction, except any specifically denied.
