Allahabad High Court
ANIL THAKUR AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the charge‑sheet is taken by the court.
Summary
The petitioners, Anil Thakur and four others, filed a criminal miscellaneous writ petition seeking relief from arrest. The State’s Additional Government Advocate informed the Court that a charge‑sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The Court noted that an interim order was already operating in the writ petition. Consequently, the Court directed that the petitioners could not be arrested until the concerned court takes cognizance of the charge‑sheet. The writ petition was thereafter 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
- criminal procedure
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21708 of 2025
Anil Thakur And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vivek Kumar Yadav
Counsel for Respondent(s) : G.A., Shobhit Yadav
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, 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.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
April 23, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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