Allahabad High Court
SHAILESH KUMAR AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
No arrest shall be effected against the petitioners until the court takes cognizance of the police report.
Summary
Petitioners Shailesh Kumar and two others filed a criminal miscellaneous writ petition seeking protection from arrest. They contended that although a charge sheet had been filed by the investigating officer, the court had not yet taken cognizance of the police report. The State, represented by the Additional Government Advocate, confirmed the filing of the charge sheet but could not state whether cognizance had been taken. The Court, noting the existence of an interim order in the writ petition, directed that the petitioners shall not be arrested until cognizance is formally taken by the concerned court. Accordingly, the writ petition was disposed of.
Issues considered
- What is the effect of a pending cognizance on the legality of arrest under the charge sheet?
- Can the Court grant interim protection from arrest when cognizance of the police report is uncertain?
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6647 of 2025
Shailesh Kumar And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Singh, Sanjay Singh
Counsel for Respondent(s) : Balbeer 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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