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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