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Allahabad High Court

ADITYA NISHAD AND 6 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that until cognizance is taken on the police report, the petitioners shall not be arrested.

Summary

The petitioners, including Aditya Nishad, 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 argued that without cognizance, they could be unlawfully arrested. The High Court noted the existence of an interim order in the writ petition and, pending cognizance, directed that the petitioners not be arrested. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the trial court has taken cognizance of the charge sheet filed by the investigating officer
  • Whether the petitioners can be arrested before cognizance is taken

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18711 of 2025

                                    Aditya Nishad And 6 Others
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)        : Mithilesh Tiwari, Mrityunjay Datta
                                                                       Tiwari
                                    Counsel for Respondent(s)        : G.A., Pankaj Kumar, Shyam Singh

                                    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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