The Karnataka High Court on Monday directed the Special Lokayukta Court to consider afresh the cognisance of the complaint against the former Chief Minister H.D. Kumaraswamy in a case related to denotification of acquired land by allegedly abusing his power when he was the Chief Minister.
The High Court said that the Special Court “mechanically” passed the April 21, 2012 order taking cognisance of certain offences that were not charged against him in the charge sheet filed by the Lokayukta Police after conducting the probe.
In his order, Justice H.N. Nagamohan Das said that the Lokayukta police had on April 16, 2012, filed a charge sheet only under Sections 420 (cheating), 182 (False information, with intent to cause public servant to use his lawful power to the injury of another person) and 120B (criminal conspiracy) of the Indian Penal Code (IPC). However, the Special Court had taken cognisance of other offences under Sections 406 (breach of trust), 463 and 465 (forgery), 471 (using as genuine a forged document) and 34 (acts by several persons with common intention) of the IPC, as alleged in the private complaint.
The High Court also noted that the Special Court had also not given any reason for taking cognisance of the offences that were not in the charge sheet.
Noting that the police filed additional charge sheets in May and June, after the Special Court took cognisance of the offence, the High Court has now directed the Special Court to pass fresh order on cognisance.
Meanwhile, the High Court gave liberty to Mr. Kumaraswamy to bring it to the notice of the Special Court if he has any grievances against the method of investigation.
Complainant M.S. Mahadeva Swamy had alleged that Mr. Kumaraswamy in 2007 had illegally denotified 3.8 acres of land acquired for Arkavathi Layout.