S239 Discharge

SC:S239 Discharge - Excercise of powers under S. 239 CrPC - Scope of -  Impermissibility of looking into the merits of disputed facts of the case Prayer for discharge dismissed by the courts below - Held, proper in the facts of the case.

Held, the issues urged by appellant - accused and the same having been refuted by respondent are such that they can be decided more appropriately and properly during trial after evidence is adduced by the parties rather than at the time of deciding the application made under S. 239 CrPC - Any finding on the issues while deciding this matter at this stage would cause prejudice to the parties concerned while facing the trial on merits - Parties will be at liberty to raise all such pleas on facts and law in the trial Appeal dismissed Penal Code, 1860, S. 120 - B - Prevention of Corruption Act, 1988, Ss. 7, 12 and 13 (Paras 3, 4,9 and 10).

Case :

Srilekha Sentilkumar V. CBI.

Citation :

2019 7 SCC 82 :

2019 3 SCC (Cri) 38 :

AIR 2019 SC 3126 :

2019 Cri LJ 3800.

*********

Shared by:

ADV. MAHESH VASWANI,

MUMBAI.

Mobile: 9821610888