CENTRAL BUREAU OF INVESTIGATION Vs. M.E.SHIVALINGAMURTHY

JUDGEMENT

(1.) The prosecuting Agency/Central Bureau of Investigation/Anti-Corruption Board ('CBI/ACB' for brevity) is aggrieved by the order dated 8th October 2015 passed on I.A.No.30 in Spl.C.C.No.116/2012 by the learned XLVI Addl.City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru, whereby the application (I.A.No.30) filed by the respondent/accused No.3 under Section 227 of the Code of Criminal Procedure came to be allowed thereby discharging the accused from criminal charges.

(2.) A case in RC 18(A)/2011 was registered by the CBI/ACB, in pursuance of the orders of the Apex Court dated 29.3.2011 in Special Leave to Appeal (Civil) No.7366-7367/2010 and connected matters in which the direction was to investigate the illegalities committed in the matter of mining lease No.2434 of M/s.Associated Mining Company (for brevity 'M/s.AMC'). On registration of the complaint arraigning 20 known accused and others, after investigation, charge sheet was submitted against 8 accused persons, in respect of offences under Sections 120B, 379, 409, 420, 447, 468, 471 and 477A of IPC and Section 13(2) read with Section 13(1)(c) & (d) of the Prevention of Corruption Act, 1988. Subsequently, additional charge sheet is filed under Section 173(8) of Cr.P.C., in respect of offence under Section 409 of I.P.C.

(3.) To start with, one K.M.Vishwanath and K.M.Parvathamma were the partners of M/s.AMC. On induction of Accused Nos.1 and 2 as partners of M/s.AMC on 31-7-2009 by way of admission deed, on the next day itself previous partners Smt.Parvathamma and Sri.K.M.Vishwanatha retired from partnership. Accused Nos.1 and 2 took over liabilities, assets and leasehold rights over mining lease No.2434 of M/s.AMC.