ORDER : Delay condoned. 2. Leave granted. 3. The challenge in this appeal is against the order of the High Court of Judicature for Rajasthan, Jaipur dated 02.09.2011, by which the discharge ordered by the learned Trial Court has been affirmed. The case against the respondents -accused as stated in the first information report is one under Section 120-B of the Indian Penal Code and Section 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. 4. The basis of the allegations against the respondents-accused is that at the relevant time, they were working as Project Engineers responsible for supervising the construction of 16 quarters which were being constructed by a Contractor for housing police personnel. Apparently, four of the quarters collapsed and the allegation against the accused Contractor is one use of defective/sub-standard material and against the respondents is one of conspiracy/collusion to enable the Contractor to secure undue financial gain/advantage. 5. The learned Trial Court in its elaborate order dated 19.09.2003 seems to have gone into an exercise of appreciating the evidence to hold that no criminal case is made out against the accused. The High Court affirmed the said order, principally, on the basis that sifting of the evidence disclosed that the accused had no mens rea. 6. We cannot agree with the exercise undertaken and conclusions reached by the learned Trial Court and the High Court. The said exercise was highly pre-mature as evidence was yet to be led by the prosecution. At the stage of framing of charge, the Courts could not have appreciated and analysed the material relied upon by the prosecution in order to come to the impugned conclusion that there was no mens rea. 7. Beyond the above, we do not consider it appropriate or necessary to say anything further in view of the fact that our conclusions as above would now require us to remit the matter to the learned Trial Court for prosecution of the accused respondents in accordance with law. 8. In view of the above, the order passed by the High Court is set aside. The appeal is accordingly allowed with the direction to conclude the trial against the accused-respondents as expeditiously as possible.