Allahabad High Court
SURENDRA KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
Arrest cannot be effected until cognizance of the charge sheet is taken by the concerned court.
Summary
The petitioner filed a criminal miscellaneous writ petition seeking relief from arrest. The State's 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 it. The High Court noted the existence of an interim order in the writ petition and directed that the petitioner could not be arrested until cognizance of the police report is taken by the concerned court. No further substantive hearing on the merits was undertaken. Consequently, the writ petition was disposed of.
Issues considered
- Whether cognizance of the charge sheet has been taken by the trial court
- Whether the petitioner can be arrested before cognizance is taken
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9509 of 2022
Surendra Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Suneel Kumar Rai
Counsel for Respondent(s) : Ashish Tyagi, G.A., Kapil Tyagi,
Yogendra Pal Singh
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
Checking your session…