Allahabad High Court
SACHIN KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the petitioner shall not be arrested until cognizance of the police report is taken by the concerned court.
Summary
Sachin Kumar filed a criminal miscellaneous writ petition seeking relief from arrest. No counsel appeared for the petitioner, while the State's Additional Advocate General informed that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted the existence of an interim order in the writ petition and, to avoid premature arrest, directed that the petitioner could not be arrested until cognizance of the police report is taken by the concerned court. The petition was thereafter disposed of. The order effectively preserves the petitioner's liberty pending procedural clarification.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed against him.
Subjects
- criminal procedure
- cognizance
- charge sheet
- interim relief
- arrest
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22098 of 2025
Sachin Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Suneel Kumar Yadav
Counsel for Respondent(s) : Anurag Upadhyay, G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case is called out. No one appears on behalf of the petitioner.
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 shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
April 23, 2026
Ruchi Agrahari
Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad
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