Allahabad High Court
SURESH GUPTA @ SURESH KUMAR UMAR VAISHYA AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
Arrest cannot be effected until the court takes cognizance of the police report/charge sheet.
Summary
Petitioners Suresh Gupta and two others filed a criminal miscellaneous writ petition seeking relief from arrest. The State's counsel informed the court that a charge sheet had 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 directed that the petitioners not be arrested until cognizance of the police report is taken by the concerned court. No further substantive hearing was required. Consequently, the writ petition was disposed.
Issues considered
- Whether arrest of petitioners is permissible before the trial court takes cognizance of the charge sheet filed by the investigating officer
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18674 of 2025
Suresh Gupta @ Suresh Kumar Umar Vaishya And
2 Others .....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bharat Singh Pal, Pranav Chaturvedi,
Prashant Kumar Singh, Rahul Agrawal,
Vashishtha Narayan Tripathi
Counsel for Respondent(s) : G.A., Shivank Pandey
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.
(Satya Veer Singh,J.) (Siddharth,J.)
April 20, 2026
sailesh
Digitally signed by :-
SAILESH PRAJAPATI
High Court of Judicature at Allahabad
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