Allahabad High Court
ARUN KUMAR AND 6 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance is taken on the police report by the concerned court.
Summary
Arun Kumar and six others filed a criminal miscellaneous writ petition seeking relief from arrest. The State 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, noting the existence of an interim order in the writ petition, directed that the petitioners could not be arrested until cognizance is formally taken by the concerned court. No further substantive orders were made. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed under the Criminal Procedure Code.
Subjects
- criminal procedure
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18639 of 2025
Arun Kumar And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vikas Chauhan
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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