Allahabad High Court
MAHESH CHANDRAversusSTATE OF U P AND 2 OTHERS
- Decided
Holding
The petitioner shall not be arrested until cognizance of the police report is taken by the trial court.
Summary
Mahesh Chandra filed a criminal miscellaneous writ petition challenging his potential arrest. The State of U.P. and two others had filed a charge sheet, but the court was uncertain whether cognizance of the charge sheet had been taken by the trial court. The petitioners sought relief to prevent arrest pending cognizance. The High Court, noting the existence of an interim order, directed that the petitioner shall not be arrested until the concerned court takes cognizance of the police report. Consequently, the writ petition was disposed.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
- Whether the High Court can issue an interim direction restraining arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9287 of 2022
Mahesh Chandra
.....Petitioner(s)
Versus
State Of U P And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhananjai Rai
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 12, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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