Allahabad High Court
PRAVAL SINGH CHAUHAN ALIAS ANKURversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioner shall not be arrested until cognizance of the charge sheet is taken by the court concerned.
Summary
The petitioner, Praval Singh Chauhan alias Ankur, filed a criminal miscellaneous writ petition challenging the prospect of his arrest. The State of Uttar Pradesh and three others were respondents, and the petition was filed before the Allahabad High Court. The learned Additional Government Advocate informed the Court that a charge sheet had been filed by the investigating officer, but it was unclear whether the trial court had taken cognizance of the police report. The Court noted that an interim order was already operating in the writ petition and, to prevent any premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. Accordingly, the writ petition was disposed of, with the specific direction that no arrest shall occur pending cognizance. The order was pronounced by Hon’ble Judges Siddharth and Vinai Kumar Dwivedi on May 6, 2026.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- cognizance
- charge sheet
- writ petition
- arrest
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6897 of 2025
Praval Singh Chauhan Alias Ankur
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Pathak, Chandra Pratap
Singh
Counsel for Respondent(s) : G.A., Jai Singh
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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