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Allahabad High Court

SHIVAM CHODHARYversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The High Court held that until cognizance of the charge sheet is taken by the trial court, the petitioner cannot be lawfully arrested.

Summary

Petitioner Shivam Chodhary filed a criminal miscellaneous writ petition seeking relief from arrest. The State of U.P. 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, to avoid premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. No substantive hearing on the merits was conducted. Consequently, the writ petition was disposed, with the interim protection remaining in force.

Issues considered

  • Whether the filing of a charge sheet alone confers cognizance upon the trial court for the purpose of authorising arrest.
  • Whether a High Court can issue an interim direction restraining arrest pending cognizance in a criminal miscellaneous writ petition.

Subjects

  • cognizance
  • charge sheet
  • arrest
  • interim order
  • criminal miscellaneous writ petition
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 6639 of 2025

                                    Shivam Chodhary
                                                                                                  .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                :     Sandeep Kumar Srivastava
                                    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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