Created by Fuzzy Cloud

Allahabad High Court

SHIVDUTTversusSTATE 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 and the writ petition stands disposed.

Summary

Shivdutt filed Criminal Miscellaneous Writ Petition No. 7784 of 2025 before the Allahabad High Court seeking relief against arrest. No counsel appeared for the petitioner, and the Assistant Government Advocate informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The court noted the existence of an interim order in the writ petition and, to prevent any premature arrest, directed that the petitioner could not be arrested until cognizance of the police report is taken by the concerned court. The court then disposed of the writ petition. The decision rests on the principle that arrest cannot be effected without the court having taken cognizance of the charge sheet.

Issues considered

  • Whether the High Court can issue an interim direction restraining arrest of a petitioner pending cognizance of a charge sheet
  • Whether the existence of an interim order in a writ petition justifies a stay on arrest

Subjects

  • cognizance
  • charge sheet
  • arrest
  • interim relief
  • writ petition
  • high court

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL MISC. WRIT PETITION No. - 7784 of 2025

                                    Shivdutt
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)               :   Rajesh Kumar Mishra
                                    Counsel for Respondent(s)               :   Afsana, Vandana Verma, 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.