Allahabad High Court
SHIVA @ SHIVAMversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the petitioner shall not be arrested until cognizance is taken on the police report by the concerned court.
Summary
Shiva @ Shivam filed a criminal miscellaneous writ petition challenging his potential arrest after a charge sheet was filed by the investigating officer. The State of U.P. and two others responded, and the learned Additional Government Advocate indicated that while the charge sheet had been submitted, it was unclear whether the trial court had taken cognizance of it. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioner could not be arrested until cognizance of the police report is taken by the concerned court. The Court emphasized the need to protect the petitioner’s liberty pending formal cognizance. Consequently, the writ petition was disposed of after issuing the protective direction.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
- Whether the High Court can issue an interim direction restraining arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- interim relief
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6711 of 2025
Shiva @ Shivam
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Avnish 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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