Allahabad High Court
KESHAV KANT YADAVversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioner cannot be arrested until cognizance of the police report is taken by the trial court.
Summary
The petitioner, Keshav Kant Yadav, 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 that, pending clarification on cognizance, an interim order was already in force in the writ petition. Consequently, the Court directed that the petitioner could not be arrested until cognizance is taken by the concerned court on the police report. The writ petition was thereafter disposed of.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the police report under the charge sheet.
Subjects
- arrest
- cognizance
- criminal procedure
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7726 of 2023
Keshav Kant Yadav
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Shoeb Khan
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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