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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