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Allahabad High Court

SARVESH KUMAR SONKAR AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petitioners shall not be arrested until cognizance is taken on the police report by the concerned court.

Summary

Petitioners Sarvesh Kumar Sonkar and two others filed a criminal miscellaneous writ petition seeking relief from arrest. No counsel appeared for the petitioners. The State, through 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, noting the existence of an interim order, directed that the petitioners could not be arrested until cognizance of the charge sheet is taken by the concerned court. The writ petition was thereafter disposed of.

Issues considered

  • Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.

Subjects

  • writ petition
  • criminal miscellaneous
  • cognizance
  • charge sheet
  • interim relief
  • arrest
  • High Court

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL MISC. WRIT PETITION No. - 7886 of 2025

                                    Sarvesh Kumar Sonkar And 2 Others
                                                                                                  .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)             :   Saurabh Kesarwani, Utkarsh Birla
                                    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 petitioners.

                                    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 petitioners 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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