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2021 Supreme(Kar) 221

JOHN MICHAEL CUNHA
B S Yeddyurappa S/O Late Siddalingappa – Appellant
Versus
State Of Karnataka By The Inspector Of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. C.V. Nagesh, Sr. Advocate A/W Smt. Swamini Ganesh Mohanambal, Advocate
For the Respondent:Sri. Venkatesh S Arabatti, Spl.Pp, Sri. Ashok Haranahalli, Sr. Advocate A/W, Sri. R. Shashidhara, Advocate

ORDER :

The petitioner claiming to be one of the prominent political leaders of the State of Karnataka and the State President of BJP and Chief Minister of the State has filed this petition under Article 226 and 227 of the Constitution of India r/w section 482 of Cr.P.C. seeking to quash the complaint dated 30.04.2015(Annexure-A) and FIR dated 05.05.2015 registered against him in Cr.No.27/2015 for the alleged offences punishable under section 13(1)(c), 13(1) (d) r/w 13(2) of Prevention of Corruption Act, 1988 (for short 'P.C. Act') and sections 409, 413, 420, 120(b) r/w 34 IPC and sections 3 and 4 of The Karnataka Land (Restriction on Transfer) Act, 1991.

2. The brief facts of the case are as follows:-

Respondent No.2 Sri. Jaykumar Hiremath filed a complaint before the Superintendent of Police, Karnataka Lokayukta (respondent No.1) on 30.04.2015 based on which, FIR in Cr.No.27/2015 was registered against the petitioner Sri. B.S. Yeddyurappa (former Chief Minister) Sri. H.D. Kumaraswamy(Former Chief Minister), Smt. Vimala, Channappa, Sri. M. Rajashekaraiah and other officials. In the complaint, it was alleged that the land bearing Sy.Nos.7/1B, 7/1C and 7/1D each comprising 17 guntas to

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