Allahabad High Court
ANIL KUMAR NISHADversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
Arrest of the petitioner is prohibited until cognizance of the charge sheet is taken by the concerned court.
Summary
The petitioner, Anil Kumar Nishad, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Attorney General, 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 Court noted that, despite the filing of the charge sheet, cognizance had not been formally recorded. To protect the petitioner’s liberty, the Court issued an interim direction that no arrest could be made until cognizance is taken by the appropriate court. Consequently, the writ petition was disposed of after the direction was given.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- criminal procedure
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6588 of 2025
Anil Kumar Nishad
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Srivastava, Sanjeev
Kumar Sahu
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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