Allahabad High Court
AKHILESH KUMAR SINGH @ THALLUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioner cannot be arrested until the court taking cognizance of the charge sheet on the police report.
Summary
The petitioner, Akhilesh Kumar Singh, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Advocate 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 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 direction that no arrest shall occur pending cognizance.
Issues considered
- What is the effect of the lack of clear cognizance of the charge sheet on the legality of arresting the petitioner?
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6627 of 2023
Akhilesh Kumar Singh @ Thallu
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Kant Vishwakarma, Rajesh
Kumar Singh
Counsel for Respondent(s) : G.A., Pradeep Kumar Mishra
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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