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Allahabad High Court

ABHISHEK CHAUHANversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court held that no arrest shall be effected against the petitioner until cognizance of the police report is taken by the trial court.

Summary

In a criminal miscellaneous writ petition, Abhishek Chauhan sought relief against arrest after a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The State, represented by the Additional Government Advocate, confirmed the filing of the charge sheet but could not ascertain cognizance. The High Court, noting the existence of an interim order in the petition, directed that the petitioner shall not be arrested until cognizance is formally taken by the concerned court. The court emphasized the need to protect the petitioner’s liberty pending procedural clarification. 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. - 6765 of 2025

                                    Abhishek Chauhan
                                                                                                   .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Shiva Priya Prasad
                                    Counsel for Respondent(s)                      :   Ravindra Kumar, 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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