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Allahabad High Court

GOURAV AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

Arrest of the petitioners is prohibited until the trial court takes cognizance of the charge sheet.

Summary

Petitioners Gourav and another filed a criminal miscellaneous writ petition seeking protection from arrest. The State argued 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 prevent any premature arrest, directed that the petitioners could not be arrested until cognizance is formally taken by the concerned court. No further substantive hearing on the merits was undertaken. Consequently, the writ petition was disposed.

Issues considered

  • What is the appropriate procedure when a charge sheet is filed but cognizance by the trial court has not yet been taken?
  • Can the petitioners be arrested before the court takes cognizance of the police report?

Subjects

  • cognizance
  • charge sheet
  • arrest
  • interim relief
  • writ petition
  • Criminal Procedure Code

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18784 of 2025

                                    Gourav And Another
                                                                                                   .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)             :     Abhishe Pandey, Praveen Singh
                                    Counsel for Respondent(s)             :     G.A., Sunil Kumar Dubey

                                    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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