"There is no need to register an FIR to begin the investigation in the case against the CM. Hence, we have decided to carry out the probe without an FIR," a Lokayukta top police officer told Deccan Herald on condition of anonymity.
He said, for the first time, a petition had been filed against any person under section 202 (1) of the CrPC in the state. This forced the Lokayukta police to seek legal opinion from the legal cell to ascertain whether registering of an FIR was required to begin the process.
"On Monday, the Chief of Legal Cell (CLC) of Lokayukta suggested that the case against the CM could be probed without an FIR. Hence, the police decided not to register an FIR," justified the officer.
Asked whether the CM would be summoned, sources in the Lokayukta police revealed, the police would meet the Chief Minister to collect information or to interrogate him. They had decided not to summon him to their office.
Earlier, the 23rd Additional City Civil and Sessions Court (Lokayukta Special Court) had directed the Lokayukta police to investigate and submit a report by May 4 on one of five complaints by advocates Sirajin Bhasha and K N Balaraj, alleging that the chief minister indulged in irregularities in denotifying lands acquired by the BDA to favour his family members. Deputy Director of Prosecution Chandrashekar G Hiremat told this paper, “Law doesn't make it mandatory to register an FIR under section 202 (1) of the CrPC.
The investigation officer will inquire to ascertain whether there are any criminal acts in the available evidence and submit a report. The court will take a decision based on the report.
There were two rulings of the Karnataka State High Court where the order had suggested a formal FIR was not required to start the investigation under certain circumstances. “These rulings were also considered before deciding not to register the FIR,” the officer maintained.
“The investigation began immediately after the CLC wrote back to the Lokayukta police. Currently, Rangaswamy, in charge Superintendent of Police, Bangalore City, in the absence of Madhukar Shetty who has gone on leave, is the investigation officer. Shetty will take over as the IO once he reports for the duty. The IO contacted Bangalore Development Authorities to collect important documents pertaining to the case, the officer added.