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Allahabad High Court

SINTU SINGH @ AJEET KUMAR SINGH AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

Until cognizance of the police report is taken by the trial court, the petitioners shall not be arrested.

Summary

The petitioners filed a criminal miscellaneous writ petition seeking protection from arrest. The State 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 noted the existence of an interim order in the writ petition and, in view of the pending cognizance, directed that the petitioners not be arrested until the court takes cognizance of the police report. The court then disposed of the writ petition. No further orders were made.

Issues considered

  • Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
  • Whether the writ petition should be disposed pending cognizance of the police report

Subjects

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

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CRIMINAL MISC. WRIT PETITION No. - 21870 of 2025

                                    Sintu Singh @ Ajeet Kumar Singh And 3 Others
                                                                                                   .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Gopal Das Srivastava
                                    Counsel for Respondent(s)                      :   G.A., Manish Gupta

                                    Court No. - 44
                                                         HON'BLE SIDDHARTH, J.
                                                         HON'BLE VINAI KUMAR DWIVEDI, J.

                                    1. Case is called out. No one appears on behalf of the petitioners.

                                    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 petitioners shall not be arrested.

                                    4. The writ petition stands disposed of.



                                                                       (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    April 23, 2026
                                    Ruchi Agrahari




Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad


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