Allahabad High Court
CONSTABLE 3379 ATUL AND 2 OTHERSversusState of U.P. AND 2 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance is taken on the police report by the court concerned.
Summary
Constable Atul and two others 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 petition and, to avoid premature arrest, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. No further substantive hearing was required. Consequently, the writ petition was disposed of with the stay on arrest.
Issues considered
- Whether the petitioners can be arrested before the court takes cognizance of the charge sheet filed by the investigating officer
Subjects
- writ petition
- criminal miscellaneous
- cognizance
- arrest
- charge sheet
- interim order
- police report
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21738 of 2024
Constable 3379 Atul And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anshu Singh, Hemendra Pratap Singh
Counsel for Respondent(s) : Diwakar Mishra, G.A., Mohd. Naushad
Ahmad Khan
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.
April 23, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
Checking your session…