BENGALURU: Observing that there is no need for the previous sanction for the special court to order an investigation under Section 156(3) of the CrPC, the Karnataka High Court on Wednesday restored the private complaint against former chief minister BS Yeddyurappa for allegedly accepting bribe.
The High Court has also directed the Special Court to proceed from the state of post-presentation of the private complaint, it added.
Justice S Sunil Dutt Yadav passed the order while partly allowing the petition filed by social activist TJ Abraham challenging the rejection of a private complaint by the special court on July 8, 2021.
Abraham had approached the special court to take cognisance of offences against nine persons including Yeddyurappa, his son BY Vijayendra and some of their family members and Minister ST Somashekar or order for an investigation into the charges of accepting a bribe of Rs 12.5 crore to get a project to Ramalingam Construction Company Private Limited from the Bangalore Development Authority (BDA).
Though the special court had observed that no doubt, there are some materials to refer the complaint for investigation under Section 156(3) of CrPC but rejected the complaint saying that there was no previous sanction.