Allahabad High Court
RAJENDRA PRASAD UPADHYAYversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
No arrest shall be made against the petitioner until the court takes cognizance of the police report.
Summary
Petitioner Rajendra Prasad Upadhyay filed a criminal miscellaneous writ petition challenging the prospect of his arrest. The State of U.P. submitted that a charge sheet had already been filed, but it was unclear whether the trial court had taken cognizance of it. The High Court noted the existence of an interim order in the writ petition and, given the uncertainty about cognizance, directed that the petitioner not be arrested until the court formally takes cognizance of the police report. The Court then disposed of the writ petition. Consequently, the petitioner is protected from arrest pending cognizance.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10076 of 2023
Rajendra Prasad Upadhyay
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shakti Shanker Tiwari, Subhash
Chandra Tiwari
Counsel for Respondent(s) : G.A., Rajesh Kumar Singh
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list.
2. Learned A.G.A. appearing for State-respondents informs that charge
sheet has already been filed in this case by the investigating officer, but he
is not certain whether cognizance has been taken by the court thereon or
not.
3. Since charge sheet has already been submitted, but the correct position
regarding the cognizance thereon is not clear, keeping in view the fact
there is interim order operating in this writ petition, the same is disposed
of directing that till the cognizance is taken on the police report by the
court concerned, the petitioner/petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 12, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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