Allahabad High Court
DINESH VISHWAKARMAversusSTATE OF U P AND 3 OTHERS
- Decided
Holding
The court held that the petitioner shall not be arrested until cognizance is taken on the police report.
Summary
The petitioner, Dinesh Vishwakarma, filed a criminal miscellaneous writ petition challenging his potential 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 uncertainty regarding cognizance and, considering the interim order already in place, directed that the petitioner not be arrested until cognizance is formally taken on the police report. No substantive hearing on the merits was conducted. Consequently, the writ petition was disposed of, with the interim protection remaining in effect.
Issues considered
- Has the trial court taken cognizance of the charge sheet filed by the investigating officer?
- Can the petitioner be arrested before cognizance of the charge sheet is taken?
Subjects
- criminal procedure
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18770 of 2022
Dinesh Vishwakarma
.....Petitioner(s)
Versus
State Of U P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Narendra Kumar
Counsel for Respondent(s) : G.A., Raj Raghuvanshi
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
Checking your session…