Allahabad High Court
RAMKARAN ALIAS KARIYA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court ordered that the petitioners shall not be arrested until cognizance is taken on the police report.
Summary
The petitioners, Ramkaran alias Kariya and another, filed a criminal miscellaneous writ petition seeking relief from arrest. The State of U.P. and others responded, and the Attorney General informed the court that a charge sheet had already been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted that, despite the filing of the charge sheet, the status of cognizance was uncertain and an interim order was already in force. Consequently, the Court directed that the petitioners could not be arrested until the concerned court takes cognizance of the police report. The writ petition was thereafter disposed of.
Issues considered
- Whether the High Court can prohibit the arrest of petitioners pending cognizance of the charge sheet by the trial court
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21803 of 2025
Ramkaran Alias Kariya And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Avdhesh Kumar, Deepesh Kumar Ojha
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.
(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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