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Allahabad High Court

ANAND BINDversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petitioner cannot be arrested until the trial court takes cognizance of the charge sheet.

Summary

The petitioner filed a criminal miscellaneous writ petition seeking relief from arrest, but did not appear before the court. The State, represented by the Attorney General, informed the court that a charge sheet had been filed, yet it was unclear whether the trial court had taken cognizance of the police report. The High Court noted the existence of an interim order in the writ petition and, to prevent any premature detention, directed that the petitioner could not be arrested until cognizance of the charge sheet is formally taken by the concerned court. The court emphasized that the procedural step of taking cognizance must precede any arrest in a criminal case. Consequently, the writ petition was disposed of after issuing the protective direction. The decision underscores the principle that arrest cannot be effected before the court has officially taken cognizance of the charge sheet.

Issues considered

  • Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed against him
  • Whether the High Court can issue an interim direction restraining arrest pending cognizance

Subjects

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

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CRIMINAL MISC. WRIT PETITION No. - 22120 of 2025

                                    Anand Bind
                                                                                                 .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)          : Mahesh Kumar Shukla, Viveka Nand
                                                                         Tiwari
                                    Counsel for Respondent(s)          : 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 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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