Allahabad High Court
MAHESH KUMAR YADAV ALIAS MAHESHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
No arrest may be made against the petitioner until cognizance of the police report is taken by the trial court.
Summary
Mahesh Kumar Yadav filed a criminal miscellaneous writ petition seeking relief from arrest. The State of Uttar Pradesh and two others were respondents. The petitioners' counsel were absent, while the State's counsel indicated that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance. The High Court, noting the pending cognizance, issued an interim direction that the petitioner could not be arrested until cognizance of the police report is taken by the concerned court. The writ petition was thereafter disposed.
Issues considered
- Whether an arrest can be effected before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- criminal procedure
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7800 of 2023
Mahesh Kumar Yadav Alias Mahesh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramakant Tiwari, Umesh Chandra Tiwari
Counsel for Respondent(s) : Bal Ram Bind, G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list. None responds 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/petitioners shall not
be arrested.
4. The writ petition stands disposed of.
May 7, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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