Allahabad High Court
MANOJ KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioner cannot be arrested until cognizance of the charge sheet is taken by the competent court.
Summary
Manoj Kumar filed a criminal miscellaneous writ petition seeking relief from arrest. The State of U.P. and others responded, indicating that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The petitioners argued that arrest should not occur until cognizance is formally taken. 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 the concerned court takes cognizance of the charge sheet. Consequently, the writ petition was disposed of with the interim protection remaining in force.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7648 of 2025
Manoj Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailendra Kumar Tripathi
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/petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 6, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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