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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