Allahabad High Court
BINNIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioner shall not be arrested until cognizance of the police report is taken by the court.
Summary
The petitioner Binni filed a criminal miscellaneous writ petition challenging the prospect of arrest after a charge sheet was filed by the investigating officer. The State, represented by the Advocate General, indicated that while the charge sheet had been submitted, it was unclear whether the trial court had taken cognizance of it. 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 of the police report is formally taken by the concerned court. The court then disposed of the writ petition, leaving the interim protection in place. No further substantive adjudication on the merits was made.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed against him
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9481 of 2023
Binni
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh, Dharmendra Kumar Rajput,
Vikram Shah Sisodia
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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