MLC CP Yogeshwar’s plea to quash FIRs dismissed with costs for abuse of process

 In relation to the alleged scam of Megacity Builders and Developers, its Managing Director and Member of Karnataka Legislative Council, CP Yogeshwar and others were facing criminal charges of cheating, forgery and other offences under the IPC and Section 240(3) of the Companies Act, 1956. Some of these charges include possession of Multiple Director Identification Numbers obtained through forged documents and transfer of crores of money obtained by cheating 0investors.

The Serious Fraud Investigation Office (SFIO) had issued summons to the petitioners to face trial for these charges. The petitioners objected to the same by filing six similar criminal petitions in 2012 against the proceedings which were listed before the Additional Chief Metropolitan Magistrate, Bangalore. Same prayers were made five years later in 2017.

Observing that in addition to crossing the 90-day timeframe to approach the High Court after receiving the impugned order, the petitioners had also abused the process of court by filing multiple petitions for the same relief, costs of 3,000 rupees per petition (total Rs. 21, 000) were imposed and the petition was dismissed. The order was passed by the Single Judge Bench of Justice John Michael Cunha. 

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