Allahabad High Court
RAM BHAWAN AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
No arrest shall be made against the petitioners until the court takes cognizance of the police report.
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 the existence of an interim order in the writ petition and, given the uncertainty about cognizance, directed that the petitioners not be arrested until cognizance is formally taken. The court emphasized that the procedural step of taking cognizance must precede any arrest on the basis of the police report. Consequently, the writ petition was disposed of with the protective direction remaining in force.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 1874 of 2023
Ram Bhawan And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Neeraj Srivastava, Rayoof Ali
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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