Allahabad High Court
ANANT KUMAR DUBEYversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court ordered that the petitioner shall not be arrested until cognizance is taken on the police report.
Summary
Anant Kumar Dubey filed a criminal miscellaneous writ petition seeking relief against his arrest. The State of U.P. and three others submitted a charge sheet, but the court was uncertain whether cognizance of the police report had been taken. The learned Additional Government Advocate highlighted this uncertainty. In view of the pending interim order, the court directed that the petitioner shall not be arrested until cognizance is formally taken by the trial court. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can prohibit arrest of the petitioner pending cognizance of the charge sheet
- Whether cognizance of the police report has been taken by the trial court
- Whether the interim relief granted in the writ petition is appropriate
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6504 of 2023
Anant Kumar Dubey
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bajrang Lal, Krishna Kanhaiya Soni
Counsel for Respondent(s) : Amit Gupta, G.A., Ravi Sahu
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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