Allahabad High Court
JAIHIND YADAVversusSTATE OF UTTAR PRADESH AND ANOTHER
- Decided
Holding
The court held that until cognizance of the police report is taken by the trial court, the petitioner shall not be arrested.
Summary
The petitioner, Jaihind Yadav, filed a criminal miscellaneous writ petition seeking relief from arrest. The State's 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 the police report. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. No substantive hearing on the merits was conducted. Consequently, the writ petition was disposed of with the interim protection remaining in force. The order was signed by Judges Siddharth and Vinai Kumar Dwivedi on April 23, 2026.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- criminal procedure
- arrest
- cognizance
- charge sheet
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21860 of 2025
Jaihind Yadav
.....Petitioner(s)
Versus
State Of Uttar Pradesh And Another
.....Respondent(s)
Counsel for Petitioner(s) : Niraj Kumar Thakur, Sharad Kumar
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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