Allahabad High Court
BHAIYALAL MISHRA @ CHANDRASEN AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that no arrest shall be effected against the petitioners until cognizance of the charge sheet is taken by the court.
Summary
The petitioners Bhaiyalal Mishra and another filed a criminal miscellaneous writ petition before the Allahabad High Court seeking protection from arrest. The State, through the Advocate General, informed the Court that a charge sheet had been filed but it was uncertain whether the trial court had taken cognizance of the police report. The Court noted that while the charge sheet existed, the status of cognizance was unclear and, considering the interim order already in force, directed that the petitioners could not be arrested until cognizance is taken by the concerned court. The Court further ordered that the writ petition stand disposed. The decision rests on procedural provisions governing cognizance and arrest under the Criminal Procedure Code.
Issues considered
- Whether the High Court can restrain the arrest of petitioners pending cognizance of the charge sheet by the trial court
- Whether cognizance of the charge sheet has been taken by the court concerned
Subjects
- cognizance
- arrest
- writ petition
- interim relief
- Criminal Procedure Code
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6781 of 2025
Bhaiyalal Mishra @ Chandrasen And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailendra Kumar Tripathi
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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