The main legal point established in the judgment is that at the stage of framing of charges, the probative value of the materials on record cannot be gone into, and the materials by the prosecution have to be accepted as true.

JUDGMENT

(This Criminal Revision Case is filed under Section 397 r/w. 401 Cr.P.C. to set aside the order of dismissal of Crl.M.P.No.6895 of 2021 in C.C.No.5 of 2019 on the file of XIV Additional Special Judge for CBI Cases, Chennai, seeking discharge of the offences and thereby, dismiss the complaint in C.C.No.5 of 2019 on the file of XIV Additional Special Judge for CBI Cases, Chennai, invoking supervisory revisional jurisdiction of this Court.

This Criminal Revision Case is filed under Section 397 r/w. 401 Cr.P.C. to call for the records and to set aside the order dated 07.12.2021 passed in Crl.M.P.No.4190 of 2020 in C.C.No.5 of 2019 on the file of XIV Additional Special Judge for CBI Cases, Chennai, dismissing the discharge petition.

This Criminal Revision Case is filed under Section 397 r/w. 401 Cr.P.C. to call for the records and to set aside the order dated 07.12.2021 passed in Crl.M.P.No.5579 of 2019 in C.C.No.5 of 2019 on the file of XIV Additional Special Judge for CBI Cases, City Civil Court, Chennai, dismissing the discharge petition.)

Common Order:

These Criminal Revision Cases have been filed against the order of dismissal of discharge petitions filed under Section 239 Cr.P.C in Crl.M.P.Nos. 6895 of 2021, 4190 of 2020 and 5579 of 2019 respectively in C.C.No.5 of 2019 on the file of XIV Additional Special Judge for CBI Cases, City Civil Court, Chennai.

2. Petitioner in Crl.R.C.No.202 of 2022 is the second accused, petitioners in Crl.R.C.No.225 of 2022 are accused 6 and 7 and the petitioner in Crl.R.C.No.1084 of 2021 is the fifth accused in C.C.No.5 of 2019.

3. Respondent filed final report against the accused 1 to 8 in this case. The gist of the final report filed in this case is that during the period 2016-17, A1 to A3 - the officials of Chennai Port Trust, A4-M/s.M.C Jain and associates, A5-M/s.SYR Infrastructure and A6-M/s.Eastern Bulk Trading and Shipping Private Limited conspired together to cheat Chennai Port Trust in a matter of sale of iron ore and in pursuance of the conspiracy, contract was awarded to M/s.SYR Infrastructure on the basis of very low reserve price valued by M/s.M.C Jain and associates and then M/s.Eastern Bulk Trading and Shipping Private Limited was permitted to make payment for the contract, which was awarded to M/s.SYR Infrastructure against the contract terms. As per the prevailing market price, the same quality of iron ore was Rs.1,218/- per Metric Ton. Due to fixation of reserve price at Rs.400/- per Metric Ton, a wrongful loss to the tune of Rs.7,10,45,100/- was caused to M/s.Chennai Port Trust. Therefore, A1 to A3 are liable to be prosecuted for the offence under Sections 120(b) r/w.420 IPC, Section 13(2) r/w.13(1)(d) of Prevention of Corruption Act and A4 to A8 are liable to be prosecuted for the offence under Section 120(b) r/w.420 IPC.

4. Challenging the final report, petitioners filed discharge petitions under Section 239 Cr.P.C as stated above. Learned trial Judge, on considering the rival submissions and on perusal of the materials available on record, dismissed the discharge petitions. Thus, the petitioners are before this Court by way of these Revision Cases.

5. Learned counsel appearing for the petitioners made general submissions about the background of these cases. It is seen from their submissions that in and around 2010, there was a ban of iron ore mining and transportation in Karnataka and Andhra Pradesh. As a result, M/s.Chennai Port Trust stopped handling iron ore and the exporters were forced to vacate the plots allotted to them. Certain exporters failed to clear the iron ore stocked in their respective plots. M/s.Chennai Port Trust cleared the heaps of iron ore left behind by the exporters by conducting auctions. Residuals of iron ore accumulated in the stocking yards are deposited underneath the earth approximately to a depth of around one metre, which led to increase of dust levels in the M/s.Chennai Port Trust and the Hon'ble Supreme Court appointed the Empowered Committ