Allahabad High Court
UMESH AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the petitioners shall not be arrested until cognizance of the charge sheet is taken by the trial court.
Summary
The petitioners, Umesh and another, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted that, pending clarification on cognizance, the interim order in the writ petition should continue to operate. Consequently, the Court directed that the petitioners shall not be arrested until the concerned court takes cognizance of the charge sheet. The writ petition was thereafter disposed of.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed against them
Subjects
- arrest
- cognizance
- charge sheet
- criminal procedure
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 10106 of 2022
Umesh And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhananjai Rai
Counsel for Respondent(s) : G.A.
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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