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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