SOUMENDRA NANDAN DASMOHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioners, in the present Criminal Revision question the correctness of order dtd. 21/4/2018 passed by learned Special Judge (Vigilance), Keonjhar in VGR Case No. 35/T.R. Case No. 45 of 2010 in rejecting the application filed by them under Sec. 239 of Cr.P.C to discharge them from the case. The Petitioners and 15 other persons have been charge-sheeted for the offence under Sec. 13 (2) read with Sec. 13 (1)(d) of the PC Act, 1988 and Sec. 420/379/120-B of IPC and Sec. 21(1) of Mines and Minerals (Regulation and Development) Act, 1957 (For short MMDR Act) for allegedly committing criminal conspiracy for illegal mining operation for excavation of manganese ore and for cheating the government by not paying the required sales tax by fabricating records.

(2.) The facts of the case as culled out from the FIR, charge-sheet and the Criminal Revision petition are as follows:

(3.) However, in the meantime an FIR was lodged on 10/8/2009 by M. Radhakrishna, DSP of Vigilance before the SP Vigilance, Balasore alleging the following facts: