Allahabad High Court
BRAHMA SHANKAR AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance of the charge sheet is taken, the petitioners shall not be arrested.
Summary
Petitioners filed a criminal miscellaneous writ petition seeking relief 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 the police report. The High Court noted that, despite the filing of the charge sheet, cognizance had not been formally taken. Consequently, the Court ordered that the petitioners could not be arrested until cognizance is taken by the concerned court. The interim order in the writ petition remained in force and the petition was thereafter disposed.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
- Whether the writ petition can be disposed of while an interim order restraining arrest is in effect
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22031 of 2025
Brahma Shankar And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mukul Yadav
Counsel for Respondent(s) : G.A., Jitendra Pratap Gautam
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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