Allahabad High Court
RAKESH KUMAR AND ANOTHERversusSTATE OF U P AND 2 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners cannot be arrested.
Summary
Rakesk Kumar and another filed a criminal miscellaneous writ petition before the Allahabad High Court seeking relief against arrest. The State of Uttar Pradesh, represented by the Advocate General, informed the Court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the offence. The Court noted the existence of an interim order in the writ petition and, given the uncertainty about cognizance, directed that the petitioners shall not be arrested until cognizance is formally taken on the police report. No further substantive hearing on the merits was undertaken. Consequently, the writ petition was disposed of.
Issues considered
- Whether cognizance of the offence has been taken by the trial court on the police report
- Whether the petitioners can be arrested before cognizance is taken
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18601 of 2022
Rakesh Kumar And Another
.....Petitioner(s)
Versus
State Of U P And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lalit Kumar Shukla
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE SATYA VEER SINGH, 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.
April 20, 2026
Kpy
(Satya Veer Singh,J.) (Siddharth,J.)
Digitally signed by :-
KAVLESHWAR PRASAD YADAV
High Court of Judicature at Allahabad
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