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Allahabad High Court

RAHUL SINGHversusState of UP AND 2 OTHERS

Decided

Holding

Arrest of the petitioner is prohibited until cognizance of the charge sheet is taken by the trial court.

Summary

The petitioner, Rahul Singh, filed a criminal miscellaneous writ petition challenging the prospect of his arrest. The State, represented by the Attorney General, 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 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. The Court reasoned that arrest without cognizance would be premature and contrary to procedural safeguards. Consequently, the writ petition was disposed of after issuing the interim protection.

Issues considered

  • Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
  • Whether the High Court can issue an interim direction to restrain arrest pending cognizance

Subjects

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

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CRIMINAL MISC. WRIT PETITION No. - 18597 of 2024

                                    Rahul Singh
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of Up And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                        :   Birendra Singh
                                    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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