Created by Fuzzy Cloud

Allahabad High Court

PRAKASH CHANDRAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the petitioner shall not be arrested until cognizance is taken on the police report by the concerned court.

Summary

The petitioner, Prakash Chandra, 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 the police report. The Court noted that an interim order was already in operation in the writ petition. Consequently, the Court disposed of the petition, directing that the petitioner shall not be arrested until cognizance is taken on the police report by the appropriate court. The petition was therefore dismissed without prejudice to any further proceedings.

Issues considered

  • Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.

Subjects

  • arrest
  • cognizance
  • charge sheet
  • criminal procedure
  • writ petition
  • interim order

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 7577 of 2023

                                    Prakash Chandra
                                                                                                    .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 3 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)               :      Dhirendra Singh
                                    Counsel for Respondent(s)               :      G.A., Lavlesh Kumar Shukla

                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.