ORDER:

Challenge in this Criminal Revision Case is the order that is rendered by the Court of Principal Special Judge for CBI Cases, Hyderabad, in Crl.M.P.No.47 of 2021 in C.C.No.1 of 2012, dated 17.10.2022.

2. The revision petitioner, who is arrayed as accused No.6 in the Calendar Case in question, moved an application for discharge and the same was dismissed by the trial Court through the impugned order. Aggrieved by the same, the petitioner is before this Court.

3. Heard the submission of Sri K.Raghavacharyulu, learned counsel for the revision petitioner as well as the learned Special Public Prosecutor for CBI.

4. A perusal of record and upon hearing the submissions made by the respective parties, what could be perceived is that the petitioner was not figured as accused in the charge sheet initially. However, a supplementary charge sheet was filed by the CBI projecting the culpability of the petitioner and alleging that she was found to have committed the offences punishable under Section 120-B r/w 409 IPC and Section 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 .

5. The facts of the case in nut-shell, as could be perceived through the contents of the supplementary charge sheet, are that a case was registered by the C.B.I., ACB, Hyderabad, vide Crime No.RC 17(A)/2009-CBI/Hyd on 07.12.2009 for the offences punishable under Sections 120-B , 409, 420, 379, 411, 427 and 447 IPC, Section 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 , Section 26 of Indian Forest Act, 1927 , Section 21 r/w 4(1) and Sections 4(1)(A) and Section 23 of Mines and Minerals (Development and Regulation) Act, 1957 , to investigate the boundary related disputes and illegal mining by M/s Obulapuram Mining Company Private Limited (hereinafter referred to as “M/s OMCPL” for brevity) and M/s Bellary Iron Ores Private Limited (hereinafter be referred to as “M/s BIOPL” for brevity) in Bellary Reserve Forest of Anantapur District of Andhra Pradesh.

6. On the Writ Appeal filed by C.B.I. vide Writ Appeal No.532 of 2010, a Division Bench of the High Court of Andhra Pradesh by order dated 16.12.2010, while vacating the order of stay, ordered the C.B.I. to limit the investigation only to the illegal mining activity and not to probe into the boundary disputes till the same is decided by the Committee constituted under the orders of Hon’ble Supreme Court of India. Thus, the investigation was limited to the allegations of illegal mining activity.

7. M/s OMCPL, who is arrayed as accused No.4, was granted three leases on areas of 25.98 Ha, 39.50 Ha and 68.50 Ha. Likewise, M/s BIOPL was granted a lease of 27.12 Ha. M/s OMCPL in its lease area of 68.50 Ha in Antargangamma konda area, shifted the permanent boundary pillars of Station No.8 to western direction for about 40 meters and constructed a permanent pillar in order to criminally encroach upon the said un-allotted area for commission of illegal mining. Similarly, permanent pillar of Station No.10 was also mischievously removed. Illegal roads were formed for transportation of ore to join Station No.7 instead of Station No.8. Likewise, illegal roads were formed near Station No.1 in the reserve forest area outside the lease area over a distance of 2.95 kms. M/s OMCPL (Accused No.4) at their site of 68.50 Ha area, dispatched 29.32 lakh Metric tons of iron ore. However, from the physical appearance of the site, it appears that not even 40% of the aforesaid quantity could have been extracted from the said area. It is also an allegation that near the lease areas of 39.50 Ha and 25.98 Ha, there has been illegal dumping of iron ore in the adjacent reserve forest area.

8. It is also alleged that there is improper fixation of location of mining area in criminal conspiracy with unknown public servants by M/s OMCPL (accused No.4) at its site of 25.98 Ha and that it has encroached into the adjacent mining leases. It is further alleged that M/s BIOPL has shown dispatch of iron ore from its lease area whereas