Allahabad High Court
RISHU DUBEY ALIAS MAHENDRA KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioner shall not be arrested until cognizance of the police report is taken by the trial court.
Summary
Petitioner Rishu Dubey filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by 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 noted the existence of an interim order in the writ petition and, to avoid premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the procedural step of taking cognizance is essential before any arrest can be effected on the basis of the charge sheet. Consequently, the writ petition was disposed of after issuing the interim protection.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8168 of 2025
Rishu Dubey Alias Mahendra Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailendra Kumar Tripathi
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list.
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.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 6, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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