HC stays proceedings against co-op minister

HC stays proceedings against co-op minister

HC stays proceedings against co-op minister
The High Court on Monday granted stay on the Lokayukta police proceedings against Co-operative Minister H S Mahadeva Prasad in a criminal petition filed against him.

A private complaint was registered with the Lokayukta police against the minister alleging that he had submitted false documents to the Karnataka Housing Board in Chamarajanagar district to avail of a site.  The complainant had withdrawn the complaint, however the Lokayukta court continued the proceedings against the minister. The counsel representing the minister said that Lokayukta does not have the jurisdiction to continue the proceedings under IPC Sections 169 and 199, which talk about a public servant buying property by making false declaration or furnishing false documents. Lokayukta can try a public servant only under the Prevention of Corruption Act.  Justice Rathnakala granted stay on the proceedings against the minister.

Plea rejected
The High Court has rejected Lokayukta's plea to hear the proceedings against former chief minister B S Yeddyurappa by in a division bench instead of a single bench. 

The counsel Venkatesh Dalawai representing Lokayukta police said that Lokayukta's post is held by a person who is a former High Court judge and it would not be right for a single bench to hear the matter.  The Chief Justice of the High Court should issue a notification and allot the bench to hear the matter, he said. 

However, senior counsel C V Nagesh representing Yeddyurappa contended that they were only seeking quashing of the FIR filed by the Lokayukta police and not the entire proceedings. As the Lokayukta's orders have not been questioned in the petition, Justice Rathnakala rejected Lokayukta counsel's plea. B S Yeddyurappa sought for quashing of FIRs filed by the Lokayukta police against him in denotification complaints. The court adjourned the matter to December 1.
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