Allahabad High Court
SUSHEEL KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that until cognizance is taken on the police report, the petitioner shall not be arrested.
Summary
Susheel Kumar filed a criminal miscellaneous writ petition challenging his potential arrest. The State 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, noting the existence of an interim order, directed that the petitioner shall not be arrested until cognizance is formally taken by the concerned court. No further relief was granted and the writ petition was disposed of. The order essentially preserves the status quo pending clarification of cognizance.
Issues considered
- Whether the trial court has taken cognizance of the charge sheet filed against the petitioner
- Whether the High Court can prohibit the arrest of the petitioner pending cognizance
Subjects
- writ petition
- cognizance
- charge sheet
- arrest
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18783 of 2025
Susheel Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anshu Singh, Hemendra Pratap Singh
Counsel for Respondent(s) : G.A., Ishwar Chandra Tyagi
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
Checking your session…