Allahabad High Court
SURESHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
Till cognizance of the charge sheet is taken by the concerned court, the petitioner shall not be arrested.
Summary
The petitioner filed a criminal miscellaneous writ petition seeking relief from arrest. The State 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 noted the existence of an interim order in the writ petition and, pending cognizance of the police report, directed that the petitioner not be arrested. No further substantive hearing was required. Consequently, the writ petition was disposed of, with the interim protection remaining in force.
Issues considered
- Whether the petitioner can be arrested before the court takes cognizance of the charge sheet filed under the Criminal Procedure Code
Subjects
- criminal procedure
- cognizance
- charge sheet
- interim order
- arrest
- writ petition
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7552 of 2023
Suresh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Umesh Kumar Singh
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 shall not be arrested.
4. The writ petition stands disposed of.
May 7, 2026
Rohit
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ROHIT DAS
High Court of Judicature at Allahabad
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