BANGALORE: The High Court on Friday rejected the petition of former chief minister B S Yeddyurappa seeking to quash the FIR against him following a complaint filed by JD(S) spokesperson and MLC Y S V Datta, stating that no merit existed in it.The division bench comprising Justice K L Manjunath and Justice H S Kempanna rejected the submission made by Supreme Court senior counsel Uday U Lalit, who earlier this week, while appearing for Yeddyurappa, cited a 2006 Supreme Court judgment in CBI vs Ansari case to buttress the former CM’s defence.Lalit submitted that the special judge has no authority to refer the case under Section 156(3) of CrPC to Lokayukta Police and that the judge has superseded his jurisdiction.He added that the special judge’s powers are limited under Section 200 of CrPC relating to collection of evidence.Referring to a Kerala High Court order (Raghunandan vs State of Kerala) the bench said that the special judge is vested with powers to invoke Section 156(3) of CrPC as he enjoys all powers of the court of criminal jurisdiction except any specificity denied.“There is nothing improper in this matter being referred to Lokayukta...Why can’t a judge who can receive complaint under Section 200 of CrPC and take cognizance of it, not refer it under Section 156(3) of CrPC,” the bench said.
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