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Allahabad High Court

BRIJESH KUMAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petitioners shall not be arrested until cognizance of the police report is taken by the court concerned.

Summary

The petitioners, Brijesh Kumar and another, filed a criminal miscellaneous writ petition seeking relief from potential arrest. The State, represented by the Additional Advocate General, indicated 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 the existence of an interim order in the writ petition and, to avoid premature detention, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. No further arguments were presented as no counsel appeared for the petitioners. Consequently, the writ petition was disposed of, with the protective direction remaining in force.

Issues considered

  • Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.

Subjects

  • criminal procedure
  • cognizance
  • charge sheet
  • arrest
  • writ petition
  • interim order

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CRIMINAL MISC. WRIT PETITION No. - 22099 of 2025

                                    Brijesh Kumar And Another
                                                                                                 .....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 petitioners.

                                    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 petitioners 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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