Karnataka High Court relief for HD Kumaraswamy, Parameshwar, DK Shivakumar

BENGALURU: In a relief to former chief minister HD Kumaraswamy, former deputy chief minister Dr G Parameshwar and KPCC president DK Shivakumar, the Karnataka High Court on Wednesday set aside the second FIR registered against them based on a private complaint filed in relation to a protest held in front of the Income Tax Department in the city over alleged ‘selective’ raids.

Allowing three separate petitions filed by the trio, Justice John Michael Cunha set aside the FIR registered based on the private complaint filed by Mallikarjuna A, on the ground that second FIR is not maintainable since an FIR is already registered on the same incident. 

On the protest held in April 2019, there was an FIR registered at the Commercial Street police station on a case filed by the BBMP flying squad against JD(S) and Congress leaders for holding a protest on March 28, 2019 for violation of model code of conduct, which was in force for the Lok Sabha elections.  

However, the second FIR was registered based on an order passed by the trial court on June 15, 2019 in relation to a private complaint filed by Mallikarjuna alleging breach of trust, waging war against Central Government, sedition, unlawful assembly, undue influence of election, criminal force and assault.

Quashing this FIR, the judge reserved the liberty to the complainant to approach the investigation officer in the FIR registered before the Commercial Streetpolice station, who in turn treatMallikarjuna’s complaint as a statement under Section 161 of CrPC.