In Devendra & Ors. vs. State of U.P. & Anr. [2009 (7) SCALE 613],
it has been held:

“26. There is no dispute with regard to the
aforementioned propositions of law. However, it
is now well-settled that the High Court ordinarily
would exercise its jurisdiction under Section 482
of the Code of Criminal Procedure if the
allegations made in the First Information Report,
even if given face value and taken to be correct in
their entirety, do not make out any offence. When
the allegations made in the First Information
Report or the evidences collected during
investigation do not satisfy the ingredients of an
offence, the superior courts would not encourage
harassment of a person in a criminal court for
nothing.”