Allahabad High Court
RAJJANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
No arrest shall be effected against the petitioner until the trial court takes cognizance of the police report.
Summary
The petitioner, Rajjan, filed a criminal miscellaneous writ petition seeking relief from arrest after a charge sheet was filed against him. The State of U.P. and three others submitted the charge sheet, but the court was uncertain whether cognizance of the police report had been taken. The learned Attorney General informed the bench of this uncertainty. The Court, noting the existence of an interim order in the writ petition, directed that the petitioner shall not be arrested until cognizance is formally taken by the trial court. Consequently, the writ petition was disposed of without further orders.
Issues considered
- Whether the High Court can issue an order restraining arrest of a petitioner pending cognizance of the charge sheet by the trial court
- Whether the existence of an interim order justifies such a direction
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 1167 of 2025
Rajjan
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aditaya Kumar Kashyap, Manish
Kumar Pandey
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 7, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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