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Allahabad High Court

DINESH TYAGI ALIAS GUDDU AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

Arrest cannot be effected until the trial court takes cognizance of the police report and charge sheet.

Summary

The petitioners, Dinesh Tyagi alias Guddu and three others, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Attorney General, 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 noted the existence of an interim order in the writ petition and, to avoid premature arrest, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the procedural step of taking cognizance is essential before any arrest can be effected on the basis of the charge sheet. Consequently, the writ petition was disposed of, with the interim protection remaining in force pending cognizance.

Issues considered

  • What is the appropriate procedural step before arresting petitioners when a charge sheet has been filed but cognizance by the trial court is uncertain?

Subjects

  • cognizance
  • charge sheet
  • arrest
  • writ petition
  • interim order
  • procedural law

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                CRIMINAL MISC. WRIT PETITION No. - 1872 of 2022

                                    Dinesh Tyagi Alias Guddu And 3 Others
                                                                                                     .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 3 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Manoj Kumar Dubey
                                    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.

                                    April 20, 2026
                                    Kpy
                                                                               (Satya Veer Singh,J.) (Siddharth,J.)




Digitally signed by :-
KAVLESHWAR PRASAD YADAV
High Court of Judicature at Allahabad


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