Allahabad High Court
MAHARAJversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioner cannot be arrested until cognizance of the charge sheet is taken by the appropriate court.
Summary
The petitioner, Maharaj, filed a criminal miscellaneous writ petition seeking relief from arrest. The State of U.P. and others responded, indicating that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The petitioners argued that they could be arrested despite the pending cognizance issue. The High Court examined the status of the charge sheet and the need for cognizance before any arrest could be effected. It directed that until the concerned court takes cognizance of the police report, the petitioner shall not be arrested. The writ petition was subsequently disposed.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21726 of 2025
Maharaj
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinay Bhushan Upadhyay
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, 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.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
April 23, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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