SHIV DUTT SHARMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS application has been filed under Section 482 Cr.P.C., challenging the order dated 23.8.2010, passed by the learned J.M.F.C., Barbil, in G.R. Case No. 27 of 2007, rejecting the application of the accused -petitioner under Section 239 Cr.P.C. for discharge and framing charge against him under Section 420 I.P.C.

(2.) THE brief facts of the case is that on 01.11.1979, the Government of Orissa executed a mining lease in favour of M/s. Utkal Minerals for mining of Iron Ore and Manganese Ore over an area measuring 26.243 hectares at village Raika, in Keonjhar district, in the State of Orissa. On 25.06.1985 a Deed of Transfer of mining lease was executed by the State of Orissa in favour of the petitioner to carry on mining activities to extract Iron Ore and Manganese Ore in the aforesaid 26.243 hectares i.e. 64.85 acres of land. Subsequently, a Deed of Rectification of mining lease was executed whereby the schedule of land was modified but the total area of the lease remained same i.e. 64.85 acres. Thereafter, out of the total area of 64.85 acres of land, the petitioner was accorded surface right by the Collector, Keonjhar, for an area of 36.13 acres and accordingly possession was given to the petitioner on 12.9.1986. The petitioner was carrying on mining activities and extracting Iron Ore and Manganese Ore from the said land measuring 36.13 acres.

(3.) THE Buyer has agreed to pay an advance of Rs. 450 Lakhs.