Allahabad High Court
GOMTIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the petitioner shall not be arrested until cognizance is taken on the police report by the concerned court.
Summary
The petitioner filed a criminal miscellaneous writ petition seeking relief from arrest, but no counsel appeared on his behalf. The Attorney General for the State informed the court that a charge sheet had been filed, though 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 is formally taken by the concerned court. The court emphasized that the procedural requirement of taking cognizance must be satisfied before any arrest can be effected on the basis of the charge sheet. Consequently, the writ petition was disposed of after issuing the protective direction. The decision underscores the principle that arrest cannot proceed absent judicial cognizance of the charge sheet.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22168 of 2025
Gomti
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramesh Chandra Dwivedi, Vishesh
Rajvanshi
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
Checking your session…