Allahabad High Court
SAURABH @ YOGESH KUMAR AND 2 OTHERSversusSTATE OF UP AND 2 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners cannot be arrested.
Summary
The petitioners, Saurabh @ Yogesh Kumar and two others, filed a criminal miscellaneous writ petition seeking protection 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 petitioners argued that without cognizance, an arrest would be unlawful. The High Court noted the existence of an interim order in the writ petition and directed that no arrest could be made until cognizance is formally taken by the concerned court. Consequently, the writ petition was disposed of.
Issues considered
- What is the effect of filing a charge sheet when cognizance of the offence has not yet been taken by the trial court on the legality of arresting the accused?
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21829 of 2025
Saurabh @ Yogesh Kumar And 2 Others
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Upadhyay
Counsel for Respondent(s) : G.A., Pankaj Satsangi
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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