Allahabad High Court
CHANDRA BHUSAN MISHRAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioner shall not be arrested.
Summary
Petitioner Chandra Bhusan Mishra filed a criminal miscellaneous writ petition seeking relief from arrest. The State's 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, noting the existence of an interim order in the writ petition, directed that the petitioner shall not be arrested until cognizance is formally taken by the concerned court. No further substantive order on the merits was made. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can issue an order preventing the arrest of the petitioner pending cognizance of the charge sheet.
- Whether cognizance of the charge sheet has been taken by the trial court.
Subjects
- criminal procedure
- cognizance
- charge sheet
- interim order
- arrest
- writ petition
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7662 of 2023
Chandra Bhusan Mishra
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Tripathi, Vinod Kumar
Tirpathi
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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