Allahabad High Court
ROHITASversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioner shall not be arrested until cognizance of the charge sheet is taken by the concerned court.
Summary
The petitioner Rohitas filed a criminal miscellaneous writ petition challenging the possibility of his arrest. The State informed the court that a charge sheet had been filed, but it was unclear whether the 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 not be arrested until cognizance of the police report is taken by the appropriate court. Consequently, the writ petition was disposed of. The order effectively safeguards the petitioner from arrest pending formal cognizance.
Issues considered
- Whether the petitioner can be arrested before the court takes cognizance of the charge sheet filed by the investigating officer
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- arrest
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9524 of 2022
Rohitas
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lalit Kumar Shukla
Counsel for Respondent(s) : G.A., Harsh Vardhan Deshwar
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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