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Allahabad High Court

GYANWATIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

An arrest cannot be made until the court has taken cognizance of the police report and charge sheet.

Summary

The petitioner, Gyanwati, filed a criminal miscellaneous writ petition seeking relief from arrest. The State had filed a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The learned Additional Government Advocate informed the bench of this uncertainty. The High Court, noting the existence of an interim order, directed that the petitioner could not be arrested until cognizance is formally taken by the concerned court. Consequently, the writ petition was disposed of.

Issues considered

  • Whether an arrest can be effected before the court takes cognizance of the charge sheet filed by the investigating officer
  • Whether the interim order in the writ petition can stay the arrest of the petitioner

Subjects

  • cognizance
  • charge sheet
  • arrest
  • writ petition
  • interim order
  • criminal procedure

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL MISC. WRIT PETITION No. - 1887 of 2025

                                    Gyanwati
                                                                                                  .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)               :   Mohd Faiz, Sadrul Islam Jafri
                                    Counsel for Respondent(s)               :   G.A., Shailja Kant Tripathi

                                    Court No. - 44
                                                            HON'BLE SIDDHARTH, J.
                                                            HON'BLE SATYA VEER SINGH, J.

                                    1. Case is called out. No one appears on behalf of the petitioner.

                                    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 shall not be arrested.

                                    4. The writ petition stands disposed of.



                                                                            (Satya Veer Singh,J.) (Siddharth,J.)
                                    April 20, 2026
                                    Ruchi Agrahari




Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad


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