In a setback to BJP MLA B.Y. Raghavendra, son of the former Chief Minister B.S. Yeddyurappa, the High Court of Karnataka on Wednesday refused to quash the cognisance of offence taken by a Special Court for Central Bureau of Investigation cases in Bengaluru based on a private complaint that he possesses assets disproportionate to his known sources of income.
Justice N. Ananda passed the order while dismissing the petition filed by Mr. Raghavendra questioning the September 30, 2014 order passed by the Principal Special Judge for the CBI cases. The CBI court, besides taking cognisance of offence, had also ordered issue of summons to all of them asking them to appear before the court. The complaint was filed by Vinod B. of Shivamogga. Mr. Raghavendra, former MP, in his petition, had contended that the CBI court lacked jurisdiction to take cognisance of an offence based on a private complaint under Section 200 of the Cr.PC as that court was set up only to take up criminal cases filed by the CBI.
It was also claimed in the petition that the complaint was filed even though the Lok Sabha Speaker on October 25, 2013 refused to grant sanction to the complainant for prosecuting the petitioner.
Refusing to accept the petitioner’s contention, the High Court said the CBI court in Bengaluru had the jurisdiction to entertain the complaint and no reason was forthcoming to quash the complaint.
HC refuses to quash cognisance of offence taken by a Special Court for CBI cases against him
