KARNATAKA HC REFUSES TO QUASH FIR AGAINST FORMER CM, H.D. KUMARASWAMY

KARNATAKA HC REFUSES TO QUASH FIR AGAINST FORMER CM, H.D. KUMARASWAMY

31ST OCTOBER 2020

The Hon’ble High Court of Karnataka has refused to intervene and rejected the quashing Petition filed by former CM, H.D. Kumaraswamy.

The Court held that there is sufficient material to proceed against the petitioner for the alleged offences. In the absence of any material to show that the action initiated against the petitioner is an abuse of process of court and has resulted in failure of justice, there is no ground to quash the impugned proceedings as sought for in the petition.

The allegations made in the complaint was with reference to the de-notification of Sy.Nos.128 and 137 of Halagevaderahalli village, Uttarahalli Hobli, Bangalore South. At the first instance, learned Special Judge referred the complaint for investigation under section 156(3) of Cr.P.C.

 The order was challenged by the petitioner before the High Court and a prayer was made therein to quash the entire proceedings on the ground that the order of reference made by the learned Special Judge was not a speaking order.