Allahabad High Court
ALOK DIWAKAR AND 16 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
The petitioners, Alok Diwakar and 16 others, filed a criminal miscellaneous writ petition seeking protection from arrest. The State of U.P. informed the Court that a charge sheet had already been filed but it was uncertain whether the trial court had taken cognizance of the police report. The High Court observed that cognizance is a prerequisite before any arrest can be effected under the criminal procedure. Accordingly, the Court directed that the petitioners shall not be arrested until cognizance is taken on the police report. The writ petition was thereafter disposed of. The order was pronounced by Hon’ble Judges Siddharth and Vinai Kumar Dwivedi on 6 May 2026.
Issues considered
- Whether the petitioners can be arrested before the court takes cognizance of the charge sheet filed against them?
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- arrest
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6682 of 2023
Alok Diwakar And 16 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ganesh Mani
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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