Allahabad High Court
PRAVEEN MISHRA AND 3 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest. The State, through 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 High Court noted the uncertainty regarding cognizance and, considering the interim order already in force, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. No further substantive hearing on the merits was undertaken. Consequently, the writ petition was disposed of. The order was pronounced on 23 April 2026 by Judges Siddharth and Vinai Kumar Dwivedi.
Issues considered
- What is the effect of the lack of clear cognizance on the legality of arrest of the petitioners?
- Whether the writ petition can be disposed pending determination of cognizance?
Subjects
- cognizance
- arrest
- criminal procedure
- writ petition
- charge sheet
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21963 of 2025
Praveen Mishra And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ugrasen Kumar Pandey
Counsel for Respondent(s) : G.A., Karuna Nand Tiwari
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
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