Allahabad High Court
SUDHEER GUPTA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the charge sheet is taken by the appropriate court.
Summary
The petitioners, Sudheer Gupta and another, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the A.G., indicated that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted the existence of an interim order in the writ petition and, to prevent any premature arrest, directed that the petitioners not be arrested until cognizance of the police report is taken by the concerned court. The court then disposed of the writ petition. No further substantive orders were made beyond the stay on arrest.
Issues considered
- Whether cognizance of the charge sheet has been taken by the trial court
- Whether the petitioners can be lawfully arrested before cognizance is taken
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6616 of 2025
Sudheer Gupta And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pushpendra Nath Tripathi, Vikash
Chandra Tiwari
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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