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Allahabad High Court

SAVENDRA @ SARVENDRAversusSTATE OF UP AND 2 OTHERS

Decided

Holding

The petitioner shall not be arrested until cognizance of the police report is taken by the trial court.

Summary

Petitioner Savendra 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 High Court noted the existence of an interim order in the writ petition and, to avoid prejudice, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. No substantive merits of the underlying criminal case were addressed. Consequently, the writ petition was disposed of, with the interim protection remaining in force pending cognizance.

Issues considered

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

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 7628 of 2025

                                    Savendra @ Sarvendra
                                                                                                   .....Petitioner(s)
                                                                          Versus
                                    State Of Up And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Satish Kumar 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 petitione 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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