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Allahabad High Court

SHIVBHAN SINGH ALIAS BETA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that until cognizance is taken on the police report, the petitioners shall not be arrested.

Summary

The petitioners, Shivbhan Singh alias Beta and another, filed a criminal miscellaneous writ petition seeking protection from arrest. They contended that although a charge sheet had been filed by the investigating officer, it was unclear whether the trial court had taken cognizance of the police report. The State, represented by the Additional Government Advocate, confirmed the filing of the charge sheet but could not verify cognizance. The Court, noting the existence of an interim order in the writ petition, directed that the petitioners shall not be arrested until cognizance is formally taken by the concerned court. Consequently, the writ petition was disposed of.

Issues considered

  • Whether cognizance of the charge sheet has been taken by the trial court
  • Whether the petitioners can be arrested in the absence of a finding of cognizance

Subjects

  • criminal procedure
  • cognizance
  • arrest
  • charge sheet
  • writ petition
  • interim relief

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 18877 of 2025

                                    Shivbhan Singh Alias Beta And Another
                                                                                                   .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)             :    Anupam Kumar, Saurabh Tripathi
                                    Counsel for Respondent(s)             :    G.A., Rajat Sharma

                                    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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