ABHISHEK MISHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The High Court has non-suited the petitioner only on the ground that the charge-sheet was filed and as such the petition filed under Sec. 482 Cr.P.C. for quashing does not merit consideration.

(2.) This Court, time and again, has held that merely filing of charge-sheet is not a ground for refusal to exercise jurisdiction under Sec. 482 Cr.P.C. Even after filing of the charge-sheet, the High Court is expected to take into consideration whether a prima facie case is made out or not.

(3.) We are of the considered view, that the High Court has totally failed to exercise the jurisdiction vested in it.