The court held that evidence demonstrated a prima facie case against the petitioner for conspiracy and misuse of official position in illegal mining activities, warranting a trial.

ORDER:

Heard Dr. Susheel Kumar Gupta, learned counsel representing Ms. Jyothi Eswar Gogineni, learned counsel for the petitioner and Mr. N.Nagendran, learned Special Public Prosecutor (PP) for Central Bureau of Investigation (CBI) representing the respondent.

2. This revision case has been filed under Section 397 of the Code of Criminal Procedure, 1973 ( Cr.P.C ) read with Section 401 thereof assailing the order dated 17.10.2022 passed by the learned Principal Special Judge for CBI cases at Hyderabad (‘CBI Court’, for short) in Crl.M.P.No.1524 of 2020 in C.C.No.1 of 2012 as well as the consequential order dated 28.10.2022 passed by the CBI Court.

3. Be it stated that by the order dated 17.10.2022, CBI Court has dismissed the petition filed by the petitioner under Section 239 Cr.P.C to discharge him in C.C.No.1 of 2012. On the other hand, by the consequential order dated 28.10.2022, the CBI Court has framed charges against the petitioner under Section 120B read with Section 420 of the Indian Penal Code, 1860 ( IPC ) and Sections 120B , 409, 420, 468 and 471 IPC as well as under Section 13 (2) read with Section 13 (1)(d) of the Prevention of Corruption Act, 1988 (briefly, ‘the PC Act’ hereinafter).

4. The then Government of Andhra Pradesh had issued a notification under Section 6 of the Delhi Special Police Establishment Act, 1946 , vide G.O.Ms.No.467 dated 17.11.2009, extending the powers and jurisdiction of the members of the Delhi Special Police Establishment (CBI) for registration and investigation of a criminal case relating to illegal mining activities of M/s. Obulapuram Mining Company and M/s. Bellary Iron Ore Private Limited in the Bellary Reserve Forest of Ananthapur District in the State of Andhra Pradesh, including in the disputed boundary region and other related matters. Department of Personnel, Public Grievances and Pensions, Government of India, New Delhi, had also issued a notification dated 01.12.2009 under Section 5 of the Delhi Special Police Establishment Act, 1946 , extending the powers and jurisdiction of the members of the Delhi Special Police Establishment (CBI) for registration and investigation of the said case.

5. It may be mentioned that thereafter CBI, Anti Corruption Bureau (ACB), Hyderabad Branch, had registered Crime No.RC.17(A)/2009 on 07.12.2009 under Sections 120B , 420, 379, 411, 427 and 447 IPC as well as under Section 13 (2) read with Section 13 (1)(d) of the PC Act as well as under Section 26 of the Indian Forest Act, 1927 , and Section 21 read with Sections 4(1), 4(1)(A) and 23 of the Mines and Minerals (Development and Regulations) Act, 1957 (briefly, ‘the Act’ hereinafter), to investigate boundary disputes and illegal mining by M/s. Obulapuram Mining Company Private Limited (hereinafter referred to as, ‘Obulapuram’) and M/s. Bellary Iron Ores Private Limited (hereinafter referred to as, ‘Bellary’) in Bellary Reserve Forest of Ananthapur District, Andhra Pradesh.

6. Obulapuram filed a writ petition before the then combined High Court of Andhra Pradesh, being W.P.No.27120 of 2009, challenging issuance of G.O.Ms.No.467, dated 17.11.2009. A Single Judge of the then High Court of Andhra Pradesh had initially granted interim stay of investi