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Allahabad High Court

RAJNISH SINGH AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the petitioners shall not be arrested until cognizance of the police report is taken by the trial court.

Summary

Petitioners Rajnish Singh and another filed a criminal miscellaneous writ petition seeking protection from arrest. The State had filed a charge sheet, 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 directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. No further relief was granted and the petition was disposed. The order effectively preserves the petitioners' liberty pending procedural compliance.

Issues considered

  • Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.

Subjects

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

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CRIMINAL MISC. WRIT PETITION No. - 21716 of 2025

                                    Rajnish Singh And Another
                                                                                                 .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)         : Abhijeet Singh, Mohd. Monis
                                    Counsel for Respondent(s)         : Ashutosh Pandey, G.A., Pradeep Singh

                                    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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