Allahabad High Court
RAM BACHAN KUSHWAHA AND 2 OTHERSversusSTATE OF U P AND 3 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the police report is taken by the court.
Summary
Petitioners Ram Bachan Kushwaha and two others filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners not be arrested until cognizance of the police report is taken by the concerned court. No further substantive hearing was conducted as no counsel appeared for the petitioners. The writ petition was consequently disposed.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed against them
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7534 of 2023
Ram Bachan Kushwaha And 2 Others
.....Petitioner(s)
Versus
State Of U P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Suresh Kumar Kushwaha, Vinod Kumar
Singh Kushwaha
Counsel for Respondent(s) : A.K.Srivastava, Amit Kumar Pandey, G.A.,
Satyam Pandey
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list. None responds on behalf of the petitioner.
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.
May 7, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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