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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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