Allahabad High Court
AJAY KUMAR YADAV AND 3 OTHERSversusState of UP AND 2 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
The petitioners, Ajay Kumar Yadav and three others, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Attorney General, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. 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 is formally taken by the concerned court. The court emphasized that the direction is interim and contingent upon the cognizance decision. Consequently, the writ petition was disposed of after issuing the protective order. The decision underscores the court's role in safeguarding liberty pending procedural steps in criminal proceedings.
Issues considered
- Whether the High Court can issue an interim direction to prevent arrest of petitioners pending cognizance of the charge sheet by the trial court
- Whether cognizance of the police report has been taken by the trial court
Subjects
- cognizance
- charge sheet
- interim order
- arrest
- writ petition
- criminal procedure
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18538 of 2024
Ajay Kumar Yadav And 3 Others
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aditya Singh, Jitendra Kumar Yadav
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE SATYA VEER SINGH, 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.
(Satya Veer Singh,J.) (Siddharth,J.)
April 20, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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