Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
Live LawThe Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by the complainant's counsel qua the A-4 cannot now be entertained.” It added “As this court has already rendered a finding as regards to A-4 and there being no change whatsoever in the complaint with regard to present accused or any other accused for that matter. Hearing the matter all over again would amount to this court sitting in appeal over its own order and permitting the counsel to argue all over again which have all been considered and rejected.” Rejecting the contention of the earlier order being per-incuriam the court said, “Since, it is the issue qua the co-accused, complaint being verbatim similar qua all the accused and the finding rendered would enure to the benefit of all the accused, this court would not sit in appeal over its own order, and render a different finding qua the present accused. It is always open to the complainant to avail such remedy as is available in law against the order passed by this court and not the submission that is now projected against the co-accused.” Further it said “I reiterate that there is no difference of facts in the complaint between the present petitioner and co-accused A-4 in whose favour the criminal petition has been decided.