Allahabad High Court
MANOJ KUMAR SAINversusState of UP AND 2 OTHERS
- Decided
Holding
The petitioner shall not be arrested until the court takes cognizance of the charge sheet.
Summary
Manoj Kumar Sain filed a criminal miscellaneous writ petition challenging his potential arrest. The State of Uttar Pradesh and two others responded, stating that a charge sheet had been filed but it was unclear if the trial court had taken cognizance. The High Court noted the existence of an interim order in the writ petition and, given the uncertainty about cognizance, directed that the petitioner not be arrested until the court formally takes cognizance of the police report. No further substantive hearing was required. Consequently, the writ petition was disposed of with the protective direction.
Issues considered
- Whether the petitioner can be arrested before the court takes cognizance of the charge sheet filed against him
Subjects
- criminal procedure
- charge sheet
- cognizance
- arrest
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22101 of 2024
Manoj Kumar Sain
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vikrant Rana
Counsel for Respondent(s) : G.A.
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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