D.Dash,J.

The petitioners by filing this revision have assailed an order dated 28.07.2018 passed by the learned Special Judge (Vigilance), Keonjhar in VGR Case No. 59 of 2009 (T.R. Case No. 80 of 2011). By the said order, the petition filed by the petitioners who have been arraigned as accused persons therein for their discharge has been rejected. Thus, the legality and propriety of the said order whereby and whereunder, the court below has presumed the existence of a prima facie case against these petitioners for commission of offence under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, “the P.C. Act”) and under section 420/379/120-B of the Indian Penal Code, 1860 (in short “the IPC”) as well as section 21 of the Mines and Minerals (Development & Regulation) Act, 1957 (hereinafter, called as “MMDR Act”) has been called in question.

2. The factual exposition necessary for the purpose are briefly stated as under:-

The petitioner no. 2 is the lessee of Unchabali Iron and Manganese Mines situated in the revenue village Unchabali in the District of Keonjhar, Odisha. The petitioner no. 1 is the General Power of Attorney holder of petitioner no. 2 who as such had executed the mining lease-deed on 05.02.1999 which had been granted in favour of the petitioner no. 2. The mining operation in the said mines commenced after the mining plan was approved by the Indian Bureau of Mines(IBM) as provided under section 5(2)(b) of the MMDR Act.

The petitioners are thereby duly authorized to mine the iron ore and undertake the mining activities.

3. (a) On 24.09.2009, a joint physical inspection of the said mines was made by a team led by the Vigilance Authorities, consisting of Technical Experts such as Engineers, and the Officials of Revenue as well as Mining Departments. On 02.12.2009, a written information was lodged by the Deputy Superintendent of Police, Vigilance Cell, Cuttack pointing out there in certain illegalities / irregularities / deviations / deficiencies. That being treated as First Information Report (FIR) has led to the registration of Balasore Vigilance P.S. Case No. 59 of 2009 and commencement of investigation thereof.

(b) On completion of investigation, the Vigilance Department submitted charge-sheet on 02.11.2010 placing the petitioners and others for trial for commission of offence under section 13(2) read with section 13(1)(d) of the PC Act, section 420/379/120-B of the IPC as well as section 21 of the M.M.D.R. Act. The charge-sheet being filed in the Court of learned Chief Judicial Magistrate, Balasore, the record was transmitted to the learned Special Judge (Vigilance), Balasore leading to registration of T.R. Case No. 44 of 2010. The learned Special Judge (Vigilance), Balasore on receipt of the record and upon perusal of the charge-sheet, took cognizance of above offences by its order dated 06.12.2010. Subsequently, the said case has been transferred to the Court of learned Special Judge (Vigilance), Keonjhar when it was so established and vested with the power to try such offences having the jurisdiction over the area; where the above stated mines situate.

4. The joint inspection had been conducted in view of receipt of certain allegations regarding the carrying of illegal mining activities in that mines, leased out in favour of petitioner no. 2 who was acting through her power of attorney holder-petitioner no. 1. It may be mentioned here that one raising contractor had been duly engaged by the lessee for a period of one year with the clause of renewal.

During inspection, physical verification of the stock was made and the statements to that effect have been prepared. Similarly, physical verification of the pits and the measurement of the volume excavated from the pits said to have been dug, the statement as to the total volume excavated with the map showing the pits have been recorded.

5. The accusations, as per the prosecution version constituting the factum of commission of the o