Charges against the petitioner cannot be sustained without specific allegations linking her to criminal conspiracy or misconduct under the Prevention of Corruption Act and IPC, leading to her discharge.

ORDER :

CHILLAKUR SUMALATHA, J.

Challenge in this criminal revision case is the order that is rendered by the Court of Principal Special Judge for CBI Cases, Hyderabad, in Crl. MP No.47 of 2021 in CC No.1 of 2012, dated 17.10.2022.

2. The revision petitioner, who is arrayed as accused No.6 in the Calendar Case in question, moved an application for discharge and the same was dismissed by the Trial Court through the impugned order. Aggrieved by the same, the petitioner is before this Court.

3. Heard the submission of Sri K. Raghavacharyulu, learned Counsel for the revision petitioner as well as the learned Special Public Prosecutor for CBI.

4. A perusal of record and upon hearing the submissions made by the respective parties, what could be perceived is that the petitioner was not figured as accused in the charge-sheet initially. However, a supplementary charge-sheet was filed by the CBI projecting the culpability of the petitioner and alleging that she was found to have committed the offences punishable under Section 120-B read with 409 IPC and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988.

5. The facts of the case in nut-shell, as could be perceived through the contents of the supplementary charge-sheet, are that a case was registered by the C.B.I., ACB, Hyderabad, vide Crime No.RC 17(A)/2009-CBI/Hyd. on 07.12.2009 for the offences punishable under Sections 120-B, 409, 420, 379, 411, 427 and 447 of IPC, Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, Section 26 of Indian Forest Act, 1927, Section 21 read with 4(1) and Section 4(1)(A) and Section 23 of Mines and Minerals (Development and Regulation) Act, 1957, to investigate the boundary related disputes and illegal mining by M/s. Obulapuram Mining Company Private Limited (hereinafter referred to as "M/s. OMCPL" for brevity) and M/s. Bellary Iron Ores Private Limited (hereinafter be referred to as "M/s. BIOPL" for brevity) in Bellary Reserve Forest of Anantapur District of Andhra Pradesh.

6. On the writ appeal filed by C.B.I. vide Writ Appeal No.532 of 2010, a Division Bench of the High Court of Andhra Pradesh by order dated 16.12.2010, while vacating the order of stay, ordered the C.B.I., to limit the investigation only to the illegal mining activity and not to probe into the boundary disputes till the same is decided by the Committee constituted under the orders of the Hon'ble Supreme Court of India. Thus, the investigation was limited to the allegations of illegal mining activity.

7. M/s. OMCPL, who is arrayed as accused No.4, was granted three leases on areas of 25.98 Ha, 39.50 Ha and 68.50 Ha. Likewise, M/s. BIOPL was granted a lease of 27.12 Ha. M/s. OMCPL in its lease area of 68.50 Ha in Antargangamma Konda area, shifted the permanent boundary pillars of Station No.8 to western direction for about 40 meters and constructed a permanent pillar in order to criminally encroach upon the said un-allotted area for commission of illegal mining. Similarly, permanent pillar of Station No.10 was also mischievously removed. Illegal roads were formed for transportation of ore to join Station No.7 instead of Station No.8. Likewise, illegal roads were formed near Station No.1 in the reserve forest area outside the le