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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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