Allahabad High Court
VISHAL @ VISHAL YADAV (MINOR)versusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
Arrest of the petitioner is prohibited until the court takes cognizance of the charge sheet.
Summary
The petition was filed by a minor, Vishal Yadav, seeking relief against the State of Uttar Pradesh and two others. The State's Advocate informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted that, pending clarification on cognizance, the interim order in the writ petition should continue to protect the petitioner from arrest. Consequently, the court directed that the petitioner not be arrested until cognizance of the police report is taken by the concerned court. The writ petition was thereafter disposed of.
Issues considered
- Whether an arrest can be effected before the trial court takes cognizance of the charge sheet filed under criminal procedure.
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- criminal procedure
- minor
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6611 of 2025
Vishal @ Vishal Yadav (Minor)
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mansi Mishra, Pramod Kumar
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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