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
Checking your session…