Dictation of order in BSY case to continue today

Dictation of order in BSY case to continue today”

The court said that there was insufficient evidence against Yeddyurappa, and continued investigation will violate his constitutional rights.

Bengaluru Police on Friday summoned former Karnataka chief minister B.S. Yeddyurappa in connection with the kidnapping case of Bharatiya Janata Party (BJP) leader K S Eshwarappa's personal assistant Vinay Kumar.

While answering the third question whether ACB can register successive FIRs based on one complaint, the judge said that there can be no second FIR in same set of facts.In this case, the second FIR does not disclose the distinct or separate offence from the first FIR. The total loss due to denotification allegedly done by Yeddyurappa when he was the Chief Minister was pegged at a whopping Rs 3,800 crore.

According to a report in The Hindu, Justice Aravind Kumar, in his interim order, said that there was lack of evidence against the accused.

The Court first rejected the contention of the ACB that the Mr. Yeddyurappa's petitions are not maintainable.

Later, the Court held that the High Courts are not barred from staying the investigation in corruption cases while holding that the bar on court from staying proceedings in corruption cases applies only for post- cognisance stage in a corruption case and not for the stage prior to it.

Based on the material submitted before the court, Justice Kumar observed that it can not be held that offence alleged in the second FIR is "a separate and distinct offence" than what has been indicated in the first FIR.

The court said that the long delay in filing FIRs after the initial complaint was received was not acceptable. The interim order now stops the anti-corruption bureau from going ahead with investigations against Yeddyurappa in a land de-notification case coming as a major relief to the BJP's chief ministerial candidate in the 2018 assembly elections.

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