Allahabad High Court
VIPIN ALAIS SAJU ALIAS VIPIN KUMAR YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is disposed, directing that the petitioner shall not be arrested until cognizance of the charge sheet is taken by the concerned court.
Summary
Vipin Alais Saju filed a criminal miscellaneous writ petition challenging his potential arrest in a case where a charge sheet had been filed by the investigating officer. The State, represented by the Additional Government Advocate, indicated that while the charge sheet was submitted, it was unclear whether the trial court had taken cognizance of it. The High Court noted the existence of an interim order in the writ petition and the uncertainty regarding cognizance. Consequently, the Court directed that the petitioner shall not be arrested until cognizance of the police report is taken by the concerned court. The writ petition was thereafter disposed of.
Issues considered
- Whether cognizance of the charge sheet filed against the petitioner has been taken by the trial court
- Whether the petitioner can be arrested before cognizance is taken
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6479 of 2025
Vipin Alais Saju Alias Vipin Kumar Yadav
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Moti Lal Chauhan
Counsel for Respondent(s) : G.A., Manoj Kumar Singh
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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