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Allahabad High Court

RUPESH KUMAR MISHRAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petitioner cannot be arrested until the trial court takes cognizance of the police report and charge sheet.

Summary

The petitioner, Rupesh Kumar Mishra, 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 noted the existence of an interim order in the writ petition and, to avoid premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the procedural requirement of taking cognizance must be satisfied before any arrest can be effected on the basis of the charge sheet. Consequently, the writ petition was disposed of, with the specific direction to refrain from arrest pending cognizance.

Issues considered

  • What is the effect of the lack of clear cognizance by the trial court on the petitioner's arrest?

Subjects

  • cognizance
  • charge sheet
  • arrest
  • writ petition
  • interim order
  • procedural law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. WRIT PETITION No. - 6605 of 2023

                                    Rupesh Kumar Mishra
                                                                                                           .....Petitioner(s)
                                                                               Versus

                                    State Of U.P. And 2 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                           :   Devendra Tiwari Deva
                                    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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