Allahabad High Court
KAUSHAL KUMAR PATEL AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that until cognizance of the charge sheet is taken by the trial court, the petitioners cannot be arrested.
Summary
Petitioners Kaushal Kumar Patel and four others filed a criminal miscellaneous writ petition seeking relief from arrest. The State counsel informed the Court that a charge sheet had been filed but 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 petitioners shall not be arrested until cognizance of the police report is taken by the concerned court. No further substantive order was made on the merits of the petition. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can prohibit the arrest of petitioners pending cognizance of the charge sheet by the trial court
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- interim order
- arrest
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6744 of 2023
Kaushal Kumar Patel And 4 Others
.....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.
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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