1. In these batch of Criminal Revision Petitions filed against the order of discharge by the trial court, this court is called to determine whether the order of discharge is legally sustainable.

2. The facts which are relevant to determine the point for consideration:

Based on reliable information, C.B.I after conducting preliminary enquiry found commission of cognizable offence, to wit, Mr. Dhayanithi Maran (Former Union Minister for Communication and Information Technology) and others conspired to commit breach of trust, fabricated documents, used the forged documents as genuine and falsified accounts detrimental to the exchequer. They registered First Information Report on 23.07.2013. In the course of the investigation they collected materials, which according to them sufficient to frame charge and try the named accused. Hence filed the final report for prosecuting the respondents herein.

3. The conclusion of the final report in short is that, the 3rd Accused [Dayanidhi Maran] respondent herein, while he was the Minister for Communication and Information Technology (MOC&IT) in the Government of India during 2004 to 2007 abused and misused his office in connivance with the other accused A-1 [Brahamadathan], A-2 [M.P.Velusamy] (both were Senior Officials of BSNL (Chief General Manager), A-4 [V.Vedagiri Gowtham], Private Secretary. A-5 [K.S.Ravi] Electrician and A-6 [S.Kannan] CTO, SUN TV and his brother A-7 [Kalanithi Maran] CMD of SUN TV and had obtained pecuniary advantage and caused the exchequer a loss of Rs 1.78 crores by installing a private telephone exchange at his residences in Boat Club and Gopalapuram at Chennai, Tamil Nadu, which he used for business transactions involving the Sun Network. More than 700 high-end Telecom lines, having PRA/BRA/ISDN/leased line, were installed at the third accused residences in the Boat Club area and Gopalapuram area of the Chennai city. They were installed under the service category and bills were not raised for its utilisation. Besides, illegal installation of Landlines with ISDN facilities, on the instruction of the 3rd accused, additional SIM cards for use of mobile phones with fancy numbers were blocked for SUN TV and distributed to private individuals connected with SUN TV Network. The facilities given to A-3 was excessive, without authority and not in consonance to the Rules and entitlement of Minister or Member of Parliament. Records were fabricated and used as genuine to cover up the misdeed. Based on fabricated documents, accounts were falsified to show as if no outstanding dues from A-3.

4. To substantiate the above allegations, C.B.I had relied upon 124 documents most of them are files maintained in the course of transaction of the BSNL in their day to day activities and the statements of 73 witnesses recorded under section 161 Cr.P.C.

5. After furnishing the material records relied by the prosecution to the persons accused of the offences, as contemplated under section 207 of Cr.P.C, the trial court has heard the petitions for discharge filed by four of the accused persons. After hearing the petitioners/accused and the learned Public Prosecutor, the trial court by virtue of the power conferred under Section 239 Cr.P.C has discharged all the seven accused holding that there is no ground to try the persons accused of the offences alleged.

6. The said order is impugned before this court by the aggrieved prosecution. This court, on the day of admission heard the Learned Special Public Prosecutor for C.B.I and found that the materials pointed out by the Special Public Prosecutor indicates trace of perversity in the impugned order. Therefore, notice for hearing the respondents was ordered. On receipt of the notice the petitioners appeared through their counsels.

7. The Learned Additional Solicitor General Mr.G.Rajagopalan appearing for C.B.I submitted that, after taking co