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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