Allahabad High Court
ANIL KUMAR MISHRA AND ANOTHERversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
Anil Kumar Mishra and another filed a criminal miscellaneous writ petition (No. 22132 of 2025) before the Allahabad High Court seeking relief against the State of Uttar Pradesh and four others. The petitioners argued that they might be arrested despite a charge sheet having been filed, but it was unclear whether the trial court had taken cognizance of the police report. The court observed that while the charge sheet was indeed filed, the status of cognizance could not be ascertained. Consequently, the court issued an interim direction that the petitioners shall not be arrested until cognizance is formally taken on the police report. The writ petition was thereafter disposed of.
Issues considered
- Whether the High Court can direct that the petitioners not be arrested pending the taking of cognizance of the charge sheet
- Whether cognizance of the charge sheet has been taken by the trial court
Subjects
- criminal procedure
- cognizance
- charge sheet
- interim order
- arrest
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22132 of 2025
Anil Kumar Mishra And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shivang
Counsel for Respondent(s) : G.A., Jahnavi Singh, Ravindra Singh
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list.
2. Sri Sudhanshu Shekhar Tripathi, Advocate, holding brief of Sri Shivang, learned
counsel for appellant is present.
3. 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.
4. 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 petitioners shall not be
arrested.
5. The writ petition stands disposed of.
April 23, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
Checking your session…