Allahabad High Court
MUKESH KHURANAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court ordered that the petitioner shall not be arrested until cognizance of the police report is taken by the appropriate court.
Summary
Mukesh Khurana filed a criminal miscellaneous writ petition seeking relief from arrest. The State of U.P. submitted that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. 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. No further substantive hearing on the merits was undertaken. Consequently, the writ petition was disposed.
Issues considered
- Whether the High Court can issue an order restraining arrest of a petitioner pending cognizance of a charge sheet by the trial court
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6844 of 2025
Mukesh Khurana
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nikil Pathak, Raghuvansh Misra
Counsel for Respondent(s) : G.A., Vijay Prakash Chaturvedi
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…