Allahabad High Court
PRABHAKAR TRIPATHI AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that until cognizance of the police report is taken by the trial court, the petitioners cannot be arrested.
Summary
Petitioners Prabhakar Tripathi and another filed a criminal miscellaneous writ petition seeking relief from arrest. The State had filed a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The petitioners did not appear before the High Court. The Court, noting the existence of an interim order, directed that the petitioners shall not be arrested until cognizance is taken by the concerned court. Consequently, the writ petition was disposed of.
Issues considered
- Whether a High Court can issue an order restraining arrest of petitioners pending cognizance of a 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 relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18554 of 2025
Prabhakar Tripathi And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Dwivedi, Shivam Dubey
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE SATYA VEER SINGH, J.
1. Case is called out. No one appears on behalf of the petitioners.
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.
(Satya Veer Singh,J.) (Siddharth,J.)
April 20, 2026
Ruchi Agrahari
Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad
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