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Allahabad High Court

VINAYAK YADAV @ UNNUversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is disposed, directing that the petitioner shall not be arrested until cognizance of the police report is taken by the concerned court.

Summary

The petitioner, Vinayak Yadav, filed a criminal miscellaneous writ petition seeking relief from arrest. The State's counsel informed the court 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 not be arrested until cognizance of the police report is taken by the appropriate court. No further arguments were presented as the petitioner had no counsel present. Consequently, the writ petition was disposed of with the specified direction.

Issues considered

  • Whether cognizance of the charge sheet has been taken by the trial court
  • Whether the petitioner can be arrested before cognizance is taken

Subjects

  • cognizance
  • charge sheet
  • arrest
  • writ petition
  • interim relief

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CRIMINAL MISC. WRIT PETITION No. - 22107 of 2025

                                    Vinayak Yadav @ Unnu
                                                                                                  .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Rajesh Pratap Singh
                                    Counsel for Respondent(s)                      :   G.A., Rakesh Dubey

                                    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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