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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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