Allahabad High Court
OM KUMAR GUPTAversusState of UP AND 3 OTHERS
- Decided
Holding
The petitioner shall not be arrested until the trial court takes cognizance of the charge sheet.
Summary
The petitioner, Om Kumar Gupta, filed a criminal miscellaneous writ petition challenging the prospect of his arrest. The State, represented by the Attorney General, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioner could not be arrested until cognizance of the charge sheet is formally taken by the concerned court. No substantive hearing on the merits was conducted. Consequently, the writ petition was disposed of on the basis of the interim direction.
Issues considered
- What is the appropriate procedure regarding arrest of a petitioner when a charge sheet has been filed but cognizance by the trial court is uncertain?
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22158 of 2024
Om Kumar Gupta
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Kaushik, Rajesh Kumar
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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