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Allahabad High Court

JITLAL AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petitioners shall not be arrested until the trial court takes cognizance of the charge sheet.

Summary

The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest. The State's counsel informed the court that a charge sheet had been filed 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, to avoid premature detention, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the procedural step of taking cognizance must precede any arrest in a criminal case. Consequently, the writ petition was disposed of after issuing the protective direction.

Issues considered

  • Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
  • Whether the High Court can issue an interim direction restraining arrest pending cognizance

Subjects

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

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 21833 of 2025

                                    Jitlal And 2 Others
                                                                                                              .....Petitioner(s)
                                                                               Versus
                                    State Of U.P. And 3 Others
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                       :    Priyavrat Tripathi
                                    Counsel for Respondent(s)                       :    G.A., Suneel Kumar Yadav

                                    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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