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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