Allahabad High Court
VIRENDRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court ordered that the petitioner shall not be arrested until cognizance of the police report is taken by the appropriate court.
Summary
The petitioner, Virendra, filed a criminal miscellaneous writ petition seeking relief from potential arrest. The State, represented by the Attorney General, indicated 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 noted the existence of an interim order in the writ petition and, to avoid premature detention, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. No substantive merits of the underlying criminal case were addressed. Consequently, the writ petition was disposed of with the protective direction in place.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- arrest
- cognizance
- charge sheet
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 28531 of 2025
Virendra
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devendra Mani Tiwari, Rajeev Kumar
Pal
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.)
May 6, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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