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Allahabad High Court

MONUversusTHE STATE OF U.P. AND 2 OTHERS

Decided

Holding

The petitioner shall not be arrested until the trial court takes cognizance of the charge sheet.

Summary

The petitioner, Monu, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, 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 taken by the concerned court. The court disposed of the writ petition on this basis, leaving the matter to be resolved by the trial court upon taking cognizance.

Issues considered

  • What is the appropriate course of action when a charge sheet has been filed but cognizance by the trial court is uncertain?
  • Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet.

Subjects

  • cognizance
  • charge sheet
  • arrest
  • writ petition
  • interim order
  • criminal procedure

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 28745 of 2025

                                    Monu
                                                                                                 .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)         : Akarsh Dwivedi, Yagyadhar Tripathi
                                    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 shall not be arrested.

                                    4. The writ petition stands disposed of.



                                                                     (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    April 30, 2026
                                    Shubham




Digitally signed by :-
SHUBHAM KUMAR AGRAHARI
High Court of Judicature at Allahabad


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