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Allahabad High Court

NIRANJAN KUSHWAHAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petitioner shall not be arrested until cognizance of the police report is taken by the concerned court.

Summary

The petitioner, Niranjan Kushwaha, filed a criminal miscellaneous writ petition challenging the possibility of his arrest. The State had filed a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted that an interim order was already in force and, pending cognizance, directed that the petitioner not be arrested. The court disposed of the writ petition on this basis. No further substantive orders were made.

Issues considered

  • Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer

Subjects

  • criminal procedure
  • writ petition
  • cognizance
  • charge sheet
  • interim relief
  • arrest
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 26850 of 2025

                                    Niranjan Kushwaha
                                                                                          .....Petitioner(s)
                                                                    Versus

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

                                    Counsel for Petitioner(s)            :   Shambhu Mani Tripathi
                                    Counsel for Respondent(s)            :   G.A.

                                    Court No. - 44
                                                     HON'BLE SIDDHARTH, J.
                                                     HON'BLE VINAI KUMAR DWIVEDI, J.

                                    1. As per office report dated 30.04.2026, notice on respondent
                                    No.3 has been presumably served, but no one has turned up to
                                    oppose this writ petition.

                                    2. Case called out in revised list. Sri Shambhu Mani Tripathi has
                                    appeared on behalf of the petitioner.

                                    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 an 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.

                                    5. The writ petition stands disposed of.


                                                                 (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    May 6, 2026
                                    NSC




Digitally signed by :-
NARENDRA SINGH CHAUDHARY
High Court of Judicature at Allahabad


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