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
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