Code of Criminal Procedure 1973 – Section 239 – The obligation to discharge the accused under Section 239 arises only when the Magistrate considers the charge against the accused to be groundless- Though at the stage of framing of issue what is to be seen is only whether there is a prima facie case to make the accused to stand the trial at the trial, certainly, the presumption of innocence should be in favour of the accused. (Para 8-10) -At the stage of consideration of a petition for discharge what is to be considered whether there is a ‘prima facie’ case and certainly, the endeavour cannot be to find whether ‘clinching’ materials are there or not. In the common parlance the word ‘clinch’ means ‘point’ or circumstance 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 under Section 239, Cr. P.C. as also while considering the question of quashing of charge framed by the Trial Court, while exercising the revisional jurisdiction. It is to be noted that at that stage the materials collected by the prosecution would not mature into evidence and therefore, beyond the question of existence or otherwise prima facie case based on materials, the question whether they are clinching or not could not be gone into. (Para 14)
Prevention Of Corruption Act – Section 13 -While considering the question of abetment for commission of offence under Section 13(1)(e) punishable under Section 13(2) of the PC Act, the question is whether there is material(s) or circumstances casting strong suspicion of the co- accused to have played significant role in negotiating on the figure of amount disproportionately amassed. (Para 15)