The Supreme Court has stayed trial court proceedings in a criminal case registered in District Gonda, while observing that the High Court erred in dismissing a petition for quashing solely on the ground that a charge sheet had been filed.

The Bench of Justice BR Gavai and Justice A.G. Masih emphasized that the mere filing of a charge sheet does not automatically preclude the High Court from exercising its jurisdiction under Section 482 of the Code of Criminal Procedure (Cr.P.C.).

It reiterated that even after a charge sheet is filed, the High Court must assess whether a prima facie case exists against the accused.

"Merely filing of charge-sheet is not a ground for refusal to exercise jurisdiction under Section 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," the Bench observed.

AOR Divyesh Pratap Singh appeared for the petitioner.

“We are of the considered view that the High Court has totally failed to exercise the jurisdiction vested in it,” the Court stated in its order.

The Court issued notice to the respondents, returnable within four weeks, and granted the petitioner the liberty to serve notice through the Standing Counsel for the respondents. Additionally, Dasti service was permitted in the case.

As an interim measure, the Court stayed further proceedings before the Trial Court against the petitioner until further orders. "By way of an ad interim order, there shall be stay of further proceedings before the Trial Court qua the petitioner in connection with Case Crime No.0027/2023 registered at P.S. Kotwali City, District Gonda, until further orders," the Court ordered.

It is to be noted that while dismissing the matter based on the submission of the State that chargesheet had been filed in the case, the Allahabad High Court had observed, "This of course is without prejudice to the rights of the petitioner to challenge the charge sheet or to take appropriate available remedy as per law."

Cause Title: Abhishek Mishra v. The State of Uttar Pradesh & Ors. [Special Leave to Appeal (Crl.) No(s). 2227/2025]

Appearance:-

Petitioner: Advocates Amit Sangwan, Shivangi Singh, Vikram Pratap Singh, Ashu Bhindwar, Suraj Prakash Singh, Divyesh Pratap Singh (AOR)

Click here to read/download the Order


Justice BR GavaiJustice Augustine George MasihSection 482 CrPc

Sukriti Mishra

    Sukriti Mishra was a Legal Correspondent at Verdictum. She covered the Supreme Court. She completed her graduation with BA. LL.B (Hons.) from The ICFAI University, Dehradun. Sukriti started covering courts in March 2022. She had previously worked with another legal news portal, where she covered the Delhi High Court and Trial Courts.