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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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