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Allahabad High Court

SHANE ARAB AND 2 OTHERSversusState of U.P. AND 2 OTHERS

Decided

Holding

The petitioners shall not be arrested until cognizance is taken on the police report by the court concerned.

Summary

Shane Arab and two others filed a criminal miscellaneous writ petition seeking protection from arrest. The State of U.P. submitted a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The petitioners argued that arrest should not be permitted until cognizance is formally taken. The High Court noted the existence of an interim order in the writ petition and directed that the petitioners not be arrested until the concerned court takes cognizance of the charge sheet. Consequently, the writ petition was disposed of.

Issues considered

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

Subjects

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

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CRIMINAL MISC. WRIT PETITION No. - 18744 of 2024

                                    Shane Arab And 2 Others
                                                                                                   .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)             :    Manish Kumar Tripathi
                                    Counsel for Respondent(s)             :    G.A., Syed Abbas Shaukat Abidi

                                    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
                                    Atul K. Sri.




Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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