Maneesha Yadav vs State Of Uttar Pradesh 2024 INSC 322 – S 482 CrPC – Filing of Chargesheet

Code Of Criminal Procedure, 1973; Section 482 -Merely because the charge-sheet is filed cannot be a ground for the High Court to not invoke its jurisdiction under Section 482 of the Cr.P.C.-The Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint at the stage of quashing of the proceedings under Section 482 Cr.P.C. However, the allegations made in the FIR/complaint, if taken at its face value, must disclose the commission of an offence and make out a case against the accused- Quashing FIR against appellants, SC observed: Merely because the appellants are close relatives of the Manager or Director of the said institute, cannot be a ground to involve them in criminal proceedings. Unless some material was placed on record to show that the appellants herein were in-charge of 5 the affairs of the said institute or had any role to play in the management of the institute or were involved in inducing the complainant and other students to give them admission against the unrecognized seats; in our view, the continuation of the criminal proceedings would be nothing else but an abuse of process of law.

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