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
Checking your session…