Allowing a criminal petition by Kumaraswamy, Justice HN Nagamohan Das quashed the April 21 last order of the Lokayukta Court Judge holding that when the impugned order was passed the additional and second chargesheets were not available on record and were filed subsequently.
"Therefore, it is necessary to consider all the three chargesheets filed by the police to pass appropriate orders in accordance with law. Therefore the matter is required to be remanded to the Special Court for fresh consideration in accordance with law," the Judge said.
Quashing the proceedings, Justice Das also said the Special Judge had passed the April 21 last order without applying his mind to the contents of the chargesheet.
"...the Special Judge without applying his mind to the contents of the chargesheet, had mechanically passed the impugned order taking cognisance of the offences punishable which are not specified in the chargesheet. On this ground, the impugned order passed by the Special Judge is liable to be quashed".
The court also observed the lower court order was contrary to the chargesheet filed by the police.
The case filed on a private complaint related to alleged irregularities in de-notification of three acres on city outskirts by Kumaraswamy as chief minister in 2007.
Observing that the court should apply its mind and take note of allegations made in the complaint, evidence collected during investigation and whether is it (the complaint) an abuse of process of court. The court shall not issue process in a mechanical manner, the Judge said.
On June 8, Kumaraswamy was granted anticipatory bail in the case by the High Court.