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Allahabad High Court

LALIT @ LALLEversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

Till cognizance is taken on the police report by the concerned court, the petitioner shall not be arrested.

Summary

The petitioner, Lalit @ Lalle, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the 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 could not be arrested until cognizance is taken on the police report by the concerned court. No further substantive hearing was conducted. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the petitioner 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

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

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 21920 of 2025

                                    Lalit @ Lalle
                                                                                                              .....Petitioner(s)
                                                                               Versus
                                    State Of U.P. And 3 Others
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                     :     Ashutosh Shukla, Ujjwal Shukla
                                    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 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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