Allahabad High Court
AMANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
No arrest can be effected against the petitioners until cognizance of the charge sheet is taken by the court.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest. The State's Advocate 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 that, while the charge sheet exists, cognizance had not yet been recorded, and therefore the interim order preventing the petitioners' arrest would continue. The court directed that no arrest could be made until cognizance is taken on the police report by the concerned court. Consequently, the writ petition was disposed of, with the interim protection remaining in force.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed against them
Subjects
- criminal procedure
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 1873 of 2023
Aman
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Srivastava, Bhaju Ram Pprasad
Sharma
Counsel for Respondent(s) : G.A., Shaheen Bano, Shahnawaz Khan
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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