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Allahabad High Court

DEV NATH RAJBHARversusSTATE OF U,P. AND 2 OTHERS

Decided

Holding

The petition was disposed of with an interim direction that the petitioner shall not be arrested until cognizance of the charge sheet is taken.

Summary

Petitioner Dev Nath Rajbhar filed a criminal miscellaneous writ petition challenging his potential arrest. The State submitted a charge sheet, but the court was uncertain whether cognizance of the charge sheet had been taken by the trial court. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioner shall not be arrested until cognizance is formally taken on the police report. No further substantive order was made on the merits of the petition. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
  • Whether the High Court can issue an interim direction to restrain arrest pending cognizance

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 7600 of 2025

                                    Dev Nath Rajbhar
                                                                                                   .....Petitioner(s)
                                                                          Versus
                                    State Of U,P. And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                :     Mukul Yadav, Rajesh Yadav
                                    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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