Prevention of Corruption Act, 1988–Secs. 13(1)(e) & 13(2)–Penal Code, 1860–Sec. 109–Code of Criminal Procedure, 1973–Sec. 239–Discharge by the High Court–Justification–Trial Court had held that prima facie case exists as borne out from the material and final report–At the stage of framing charge, the endeavor cannot be to find whether “clinching” material are there or not–In the common parlance the word “clinch” means ‘point’ on circumstances that settles the issue–Such meticulous consideration for presence or absence of clinching material is beyond the scope of power of the Court while considering the question of discharge u/s. 239–Impugned order passed by the High Court is liable to be set aside.
