B.S. while he was the Chief Minister in order to award the contract for the BDA housing project. Yeddyurappa and son B.Y. Vijayendra Seri’s family members received Rs 12 crore from Ramalingam Construction Company. The High Court has ordered the Court of People’s Representatives to conduct a retrial of the private complaint filed in connection with the allegation of receiving cash. In the case of B.S. Yediyurappa, son B.Y. Vijayendra, grandson Sashidhara Maradi, son-in-law Sanjay Sri, Chandrakanta Ramalingam, Minister ST Somasekhar, Dr. GC Prakash, K. Ravi, Virupaksappa Yamakanamaradi are facing charges.
Challenging the order given by the Special Court of People’s Representatives quashing the private complaint, the complainant, social activist T.J. Justice who heard the application filed by Abraham and reserved judgment. A single member bench headed by S. Sunil Kumar gave this verdict. The special court has no jurisdiction to take cognizance of the allegations made in the complaint regarding illegal transfer of crores of rupees through shell companies. However, it has clarified that the complainant can proceed through appropriate process.
T.J. The High Court, which has partially granted Abraham’s petition, has refused to grant necessary prior permission to the complainant to file a private complaint against Yeddyurappa and others in the case. Based on that, the special court dismissed the private complaint stating that the complaint did not have trial validity. However, it has clarified that there is no obstacle to continue the investigation of the private complaint against Yeddyurappa just because the Governor has refused prior permission.
Also, the request for prior permission should be made by an officer of the investigating agency and not by the complainant. The Governor’s denial of prior permission to the complainant has no legal significance and should be ignored. Therefore, the High Court revived the case by holding that it was not reasonable for the Special Court to quash the complaint as the Governor had not given prior permission.
Also, the High Court quashed the special court’s order dismissing the private complaint and directed that the trial should continue from the same stage as the case was.
Background of the case
When he was the Chief Minister, B. On behalf of S Yeddyurappa, IAS officer Dr.G.C. Prakash 12 crores. Ramalingam Construction Company was demanded to give. Chandrakant Ramaling had given 12 crore rupees to K. Ravi. The complainant alleged that Prakash got the money to pay Yeddyurappa through B.Y.Vijayendra.