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Allahabad High Court

TARA CHAND AND 3 OTHERSversusState of UP AND 3 OTHERS

Decided

Holding

The court held that until cognizance of the charge sheet is taken, the petitioners shall not be arrested.

Summary

Petitioners Tara Chand and three others filed a criminal miscellaneous writ petition seeking protection from arrest. The State, represented by the 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 it. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners could not be arrested until cognizance of the police report is taken by the concerned court. No further substantive hearing was conducted. The writ petition was consequently disposed.

Issues considered

  • Whether the High Court can issue a direction restraining arrest of petitioners pending cognizance of a charge sheet
  • Whether an interim order in a writ petition remains effective until cognizance is taken

Subjects

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

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 21799 of 2024

                                    Tara Chand And 3 Others
                                                                                                              .....Petitioner(s)
                                                                               Versus
                                    State Of Up And 3 Others
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Raj Kumar Sharma, Shivam Singh
                                    Counsel for Respondent(s)                    :   G.A.

                                    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


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