Allahabad High Court
HARISH CHANDRA MAURYA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that the petitioners shall not be arrested until cognizance of the police report is taken by the trial court.
Summary
The petitioners, Harish Chandra Maurya and another, filed a criminal miscellaneous writ petition seeking relief from potential arrest. The State, represented by Shailendra Kumar Upadhyay, informed the court 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 noted that no interim order was operating in the petition and, to prevent premature arrest, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. No substantive merits of the case were addressed. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- arrest
- cognizance
- charge sheet
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6901 of 2022
Harish Chandra Maurya And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ali Hasan, Istiyaq Ali, Rajendra Kumar
Dubey, Santosh Kumar Pandey
Counsel for Respondent(s) : G.A., Shailendra Kumar Upadhyay
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Shri Shailendra Kumar Upadhyay, is present in person.
Learned counsel for the petitioner is not present.
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 no 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
NSC
Digitally signed by :-
NARENDRA SINGH CHAUDHARY
High Court of Judicature at Allahabad
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