Allahabad High Court
PRADEEP KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioner cannot be arrested.
Summary
Pradeep Kumar filed a criminal miscellaneous writ petition seeking relief from arrest. The State of Uttar Pradesh submitted a charge sheet, but the court was uncertain whether cognizance of the charge sheet had been taken by the trial court. The High Court noted the existence of an interim order in the writ petition and directed that the petitioner shall not be arrested until cognizance is formally taken on the police report. The court emphasized that the procedural requirement of cognizance must be satisfied before any arrest can be effected. Consequently, the writ petition was disposed.
Issues considered
- Whether cognizance of the charge sheet has been taken by the trial court
- Whether the petitioner can be arrested before cognizance is taken
- Whether the interim order in the writ petition should remain in force pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- criminal procedure
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 677 of 2022
Pradeep Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aushim Luthra, Praveen Kumar Singh,
Sr. Advocate
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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