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Allahabad High Court

NARENDRA @ NARENDRA PALversusSTATE OF U.P & 3 OTHERS

Decided

Holding

Arrest cannot be effected until the court takes cognizance of the charge sheet filed against the petitioners.

Summary

The petitioners, Narendra @ Narendra Pal, filed a criminal miscellaneous writ petition seeking relief from arrest. The State of Uttar Pradesh and three others responded, indicating that a charge sheet had already been filed but it was unclear whether the trial court had taken cognizance of the police report. The petitioners argued that they could be arrested despite the pending question of cognizance. The Court examined whether the lack of a clear cognizance order justified pre‑emptive arrest. It held that until the concerned court formally takes cognizance of the charge sheet, the petitioners cannot be lawfully arrested. Consequently, the Court directed that no arrest be made pending cognizance and disposed of the writ petition.

Issues considered

  • What is the effect of the absence of a clear cognizance order on the legality of arrest of the petitioners?

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18637 of 2025

                                    Narendra @ Narendra Pal
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U.P & 3 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)        : Anand Gangwar, Chetna Anjum, Pratap
                                                                       Narain  Gangwar,    Vidhya    Devi
                                                                       Gangwar
                                    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
                                    sailesh




Digitally signed by :-
SAILESH PRAJAPATI
High Court of Judicature at Allahabad


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