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Allahabad High Court

RAKESH SRIVASTAVAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

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

Summary

The petitioner, Rakesh Srivastava, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, indicated 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, to avoid premature arrest, directed that the petitioner not be arrested until cognizance of the police report is taken by the concerned court. No substantive hearing on the merits was conducted. 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 filed by the investigating officer.

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 7613 of 2023

                                    Rakesh Srivastava
                                                                                                   .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                         :    Rajeev Kumar
                                    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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