Allahabad High Court
HARISH CHANDRA YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that until cognizance is taken on the police report, the petitioner shall not be arrested.
Summary
Harish Chandra Yadav filed a criminal miscellaneous writ petition seeking relief against arrest. The State of U.P. and three others responded, stating that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted the uncertainty regarding cognizance and, considering the interim order already in place, directed that the petitioner not be arrested until cognizance is formally taken on the police report. No further substantive orders were made. Consequently, the writ petition was disposed of.
Issues considered
- Whether cognizance of the charge sheet filed by the investigating officer has been taken by the trial court
- Whether the petitioner can be arrested before cognizance is taken
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- interim relief
- arrest
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6866 of 2022
Harish Chandra Yadav
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prem Prakash
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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