Allahabad High Court
AMBRISH PRATAP SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance of the charge sheet is taken, the petitioner shall not be arrested.
Summary
Ambrish Pratap Singh filed a criminal miscellaneous writ petition seeking relief from arrest. The State counsel informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioner not be arrested until cognizance of the police report is taken by the concerned court. The petition was thereafter disposed of. The order was pronounced by Hon'ble Judges Siddharth and Satya Veer Singh on 20 April 2026.
Issues considered
- Whether the High Court can prohibit the arrest of a petitioner pending cognizance of a charge sheet filed under criminal procedure.
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- arrest
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18787 of 2025
Ambrish Pratap Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devendra Kumar Tiwari
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.
(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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