Allahabad High Court
VISHNU DAYOL AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioners cannot be arrested until cognizance of the charge sheet is taken by the trial court.
Summary
The petitioners sought relief from arrest in a criminal case where a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The State's Advocate confirmed the filing of the charge sheet but could not ascertain cognizance. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners shall not be arrested until cognizance is formally taken by the concerned court. The court disposed of the writ petition on this basis. No further orders were made.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
- Whether the interim order in the writ petition can restrain arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6560 of 2023
Vishnu Dayol And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mannu Ram
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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