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LATEST NEWS UPDATES | Lokayukta police not to file FIR

Lokayukta police not to file FIR

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published Published on Mar 28, 2011   modified Modified on Mar 28, 2011
Yeddyurappa gets a breather

The Lokayuka police have decided not to file a First Information Report (FIR) in the investigation of corruption charges against Chief Minister B.S. Yeddyurappa, his sons B.Y. Raghavendra, MP, and B.Y. Vijayendra, his son-in-law R.N. Sohan Kumar, the former BJP Minister S.N. Krishnaiah Setty and Davalagiri Property Developers Ltd., partly owned by Mr. Yeddyurappa's kin.

The Lokayukta police were given six weeks to conduct an inquiry into the land grab charges against the Chief Minister and others by the Special Lokayukta Court under Section 202 (1) of the Code of Criminal Procedure (Cr.PC ) last Thursday.

The decision not to file an FIR was taken on Monday after the head of the Lokayukta's legal cell, R. Chandrashekar, advised against it.

Speaking to The Hindu, Additional Director-General of Police (Lokayukta) R.K. Dutta said, “We have been advised that under the 202 (1) there is no need for us to file an FIR, and we can start our investigation straight away.”

Investigation

The legal cell also helped clear the confusion over whether the Lokayukta police were expected to conduct an inquiry or an investigation, Mr. Dutta said.

“This is going to be a full-fledged investigation. Mr. Chandrashekar has told us that we have all the powers under Chapter 12 of the Cr.PC to conduct an investigation,” he said. .

No arrest clause

The Lokayukta police will have powers to summon the accused, examine and interrogate them as well as seek their remand. They will even be able to conduct raids and searches without a warrant. However, they will have no powers to arrest the accused, Mr. Dutta said.

Mr. Dutta said that this should not be seen as a setback for the investigating agency. “If the person does not turn up when we summon him, we will go back to court and seek powers to forcibly get him,” he said.

No charge sheet

The legal cell has also told the Lokayukta police that they are to submit only a report to the court at the end of the investigation. “We have been clearly told that there is no question of filing a charge sheet. We will be submitting merely an investigation report,” Mr. Dutta said.

The Hindu, 29 March, 2011, http://www.hindu.com/2011/03/29/stories/2011032959070100.htm


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