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Allahabad High Court

SACHIN KUMAR AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petitioners shall not be arrested until cognizance of the police report is taken by the concerned court.

Summary

The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, indicated 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, to avoid premature arrest, directed that the petitioners not be arrested until cognizance of the police report is taken by the concerned court. No further substantive hearing was conducted as the petitioners had no counsel present. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.

Subjects

  • criminal procedure
  • writ petition
  • cognizance
  • arrest
  • charge sheet
  • interim order

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 1186 of 2025

                                    Sachin Kumar And 4 Others
                                                                                                              .....Petitioner(s)
                                                                                Versus
                                    State Of U.P. And 2 Others
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)               :    Anil Kumar Dubey, Chandra Bhan Dubey
                                    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. None responds on behalf of the petitioner.

                                    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 petitioners shall not be
                                    arrested.

                                    4. The writ petition stands disposed of.

                                    May 18, 2026
                                    Abhishek
                                                                                 (Vinai Kumar Dwivedi,J.) (Siddharth,J.)




Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad


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