Allahabad High Court
SARVESH KUMARversusTHE STATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The petitioner cannot be arrested until cognizance of the charge sheet is taken by the trial court.
Summary
The petitioner, Sarvesh Kumar, filed a criminal miscellaneous writ petition challenging the prospect of his arrest. The State of Uttar Pradesh submitted 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 the uncertainty regarding cognizance. Consequently, the Court directed that the petitioner shall not be arrested until the concerned court takes cognizance of the charge sheet. The writ petition was thereafter disposed.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6634 of 2025
Sarvesh Kumar
.....Petitioner(s)
Versus
The State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Kumar Mishra, Shishir Kumar
Singh, Vikrant Pratap Singh
Counsel for Respondent(s) : Nagendra Pratap Singh, 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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