Allahabad High Court
ANUJ YADAV AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The Court held that no arrest shall be made against the petitioners until cognizance of the police report is taken by the appropriate court.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest after a charge sheet was filed against them. The State’s counsel was uncertain whether the trial court had taken cognizance of the police report. The High Court noted that while the charge sheet existed, the status of cognizance was unclear, and an interim order was already in force. Consequently, the Court directed that the petitioners not be arrested until the concerned court formally takes cognizance of the police report. The writ petition was thereafter disposed.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18868 of 2025
Anuj Yadav And 2 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Singh Yadav
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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