AIROnline 2024 SC 854

Supreme Court Of India

(From : 2017 Cri LJ 1645 (Ori))

Hon'ble Judge(s): C. T. Ravikumar, Sanjay Karol , JJ

Criminal P.C. (2 of 1974) , S.239— Penal Code (45 of 1860) , S.109— Prevention of Corruption Act (49 of 1988) , S.13(1)(e), S.13(2)— Discharge of accused - Exercise of revisional jurisdiction - Correctness of - Accused had allegedly abetted her husband in acquisition of disproportionate assets - Charges were framed against accused under S.109 of IPC r/w S.13(1)(e) and S.13(2) of PC Act - High Court recorded a finding that there was no clinching material showing that accused abetted her husband or made any conspiracy or instigated him in alleged acquisition of disproportionate assets - Said observation would go against scope of S.239 of Cr. P.C. as at the stage of consideration of discharge what is to be considered is whether there is a 'prima facie' case and endeavour cannot be to find whether 'clinching' material is there or not - Such meticulous consideration as to presence or absence of clinching material was beyond scope of power of Court while considering discharge under S.239 of Cr. P.C. - At that stage material collected by prosecution would not mature into evidence and therefore, beyond the question of existence or otherwise of prima facie case based on material, question whether same is clinching or not could not be gone into - Order of High Court discharging accused was set aside being erroneous. 2017 Cri LJ 1645 (Ori)-Reversed (Para 14 ....