Allahabad High Court
MAHESHCHAND AND 6 OTHERSversusState of U.P. AND 3 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the charge sheet is taken by the court concerned.
Summary
The petitioners, Maheshchand and six others, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, 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 Court noted that, despite the filing of the charge sheet, the lack of cognizance meant that the procedural basis for arrest was not yet established. Consequently, the Court issued an interim direction that the petitioners should not be arrested until cognizance is taken on the police report by the concerned court. The writ petition was thereafter disposed of. The order was pronounced on 23 April 2026 by Hon’ble Judges Siddharth and Vinai Kumar Dwivedi.
Issues considered
- Whether the petitioners can be lawfully arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- Arrest
- Cognizance
- Charge Sheet
- Criminal Procedure Code
- Writ Petition
- Interim Relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21762 of 2024
Maheshchand And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nitin Kumar, Rajendra Kumar Singh
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.
April 23, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
Checking your session…