Allahabad High Court
SON SINGH YADAV @ SONU YADAVversusState of UP AND 2 OTHERS
- Decided
Holding
Arrest cannot be effected until the court has taken cognizance of the charge sheet.
Summary
The petitioner, Son Singh Yadav, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Attorney General, informed the court 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 uncertainty regarding cognizance and, considering the interim order already in place, directed that the petitioner not be arrested until cognizance is formally taken on the police report. No further relief was granted and the writ petition was disposed. The order was pronounced by Hon'ble Judges Siddharth and Satya Veer Singh on 20 April 2026.
Issues considered
- Whether an arrest can be effected before the court takes cognizance of the charge sheet filed against the petitioner
- Whether the High Court can issue an interim direction restraining arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18575 of 2024
Son Singh Yadav @ Sonu Yadav
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kamal Kishor Mishra
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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