2015 Land Denotification Case: Karnataka HC Quashes Criminal Proceedings Against BJP Leader & Former CM B.S. Yediyurappa
The Karnataka High Court has quashed the criminal proceedings against BJP leader and former Chief Minister B.S. Yediyurappa in a 2015 matter relating to land denotification.
A Single Bench of Justice M. Nagaprasanna held, “In the light of the issue standing covered on all its fours by the judgment rendered by the co-ordinate bench (supra), as also that being not disputed by the respondents, I deem it appropriate to obliterate the proceedings against the petitioner.”
Advocate Sandeep S. Patil appeared for the petitioner i.e., Yediyurappa while Advocate B.S. Prasad, ASG H. Shanthi Bhushan, and HCGP K.P. Yashodha appeared for the respondents.
In this case, the petitioner was before the court seeking the quashing of a crime registered on the basis of the report of the Comptroller and Auditor General of India (CAG) on the de-notification of land by the Government and allotment of sites by the Bangalore Development Authority. The writ petition was filed by the petitioner praying to declare that the report of the CAG cannot be the basis for the registration of criminal cases against him.
The High Court after hearing the contentions of the counsel observed, “Learned counsel for the petitioner submits that the issue in the lis stands covered, on all its fours, to a judgment rendered by the co-ordinate Bench of this Court in W.P.No.41228 of 2015 and connected cases disposed on 05.01.2016 between the same parties reported in ILR 2016 KAR 1757 wherein the co-ordinate Bench in extenso considers the very allegations as to whether the report of the Comptroller and Auditor General of India could become subject matter of registration of a crime under sub-section (1) of Section 154 of Cr.P.C.”
Accordingly, the Court allowed the plea and quashed the criminal proceedings against the petitioner.
Cause Title- B.S. Yediyurappa v. The State of Karnataka & Ors.
