Allahabad High Court
RAKESH CHAUHANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the petitioner shall not be arrested until cognizance of the police report is taken by the appropriate court.
Summary
The petitioner, Rakesh Chauhan, filed a criminal miscellaneous writ petition seeking relief from arrest. No counsel appeared for the petitioner, while the Attorney General for the State of Uttar Pradesh informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted the existence of an interim order in the writ petition and, to prevent premature detention, directed that the petitioner could not be arrested until cognizance of the police report is taken by the concerned court. The court emphasized that the procedural requirement of cognizance must be satisfied before any arrest can be effected. Consequently, the writ petition was disposed of after issuing the protective direction. The decision underscores the principle that arrest without cognizance is impermissible.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
- Whether the interim protection order in the writ petition should remain in force pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- Criminal Procedure Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7754 of 2025
Rakesh Chauhan
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Mishra, Vikas Mishra
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case is called out. No one appears on behalf of the petitioner.
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.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 7, 2026
Ruchi Agrahari
Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad
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