Allahabad High Court
RAJESH KUMAR PATELversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioner cannot be arrested until cognizance of the charge sheet is taken by the appropriate court.
Summary
The petitioner, Rajesh Kumar Patel, filed a criminal miscellaneous writ petition challenging the prospect of his arrest. The State had filed a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The learned Additional Government Advocate informed the High Court of this uncertainty. The Court, noting the existence of an interim order in the writ petition, directed that the petitioner shall not be arrested until cognizance is formally taken by the concerned court. Consequently, the writ petition was disposed of.
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. - 6741 of 2023
Rajesh Kumar Patel
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akash Sharma, Ashish Dwivedi
Counsel for Respondent(s) : G.A., Shailesh Singh Yadav, Varun
Kumar Srivastava
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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