DA case against Renukacharya: HC refuses to quash FIR

The high court has refused to set aside the proceedings against M P Renukacharya, BJP MLA from Honnali, in a disproportionate assets case.

The proceedings had first been initiated in 2015 on a private complaint filed by one Gurupadaiah Kabbinakanthi Matad, president of Bhrashtachara Virodhi Vedike.

The complaint was filed before the Special Lokayukta Court, Davangere and the court had directed the Lokayukta police to register an FIR, investigate and file the report.

The Lokayukta police submitted the report against Renukacharya and his brothers for the offence punishable under sections 13 (1)(d) and (e) of the Prevention of Corruption Act and IPC sections 120B and 420.

Meanwhile, the high court had set aside the FIR for not complying with the guidelines issued by the Apex Court in the Priyanka Srivastava case.

With the liberty granted by the high court, the complainant again filed the complaint before the Lokayukta police in order to comply with the provisions of CrPC section 154 (1).

Renukacharya moved the high court again challenging the FIR contending that two FIRs had been registered upon the same set of facts. It was also argued that the complainant had to approach the Superintendent of Lokayukta Police under CrPC section 154(3).

Justice K Natarajan noted that since the first FIR was quashed by the high court for directly approaching the court without exhausting the remedy available before the police, this argument doesn’t hold good.

The court said that once the complainant complies with the requirement under CrPC section 154 (1) and the police register the FIR, the question of the complainant going to the SP under section 154(3) does not arise.

“Moreover, when the Lokayukta already received the complaint and registered the FIR, the question of going back to Sessions Judge for filing the (private) complaint under Section 200 of CrPC and referring the complaint under section 156(3) of CrPC does not arise,” the bench said.

The complainant alleged that Renukacharya had amassed wealth disproportionate to his known sources of income while he was a Member of the Legislature Assembly during the periods between 2004 and 2008, 2008 and 2013.

The complaint also covered the period between December 25, 2009 and December 23, 2013, when Renukacharya was a cabinet minister.

It was alleged that there had been a constant rise in the assets declared by Renukacharya as reflected in the affidavits filed by him in 2004 (Rs 26.07 lakh), 2008 (Rs 73.97 lakh) and 2013 (Rs 4.95 crore).