Allahabad High Court
ABHISHEK TYAGI AND ANOTHERversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The High Court held that until cognizance of the charge sheet is taken, the petitioners shall not be arrested.
Summary
The petitioners, Abhishek Tyagi and another, filed a criminal miscellaneous writ petition seeking relief from arrest. No counsel appeared for the petitioners, and 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 it. The High Court noted the existence of an interim order in the writ petition and, to avoid premature detention, directed that the petitioners not be arrested until cognizance of the police report is taken by the concerned court. The court emphasized that the pending status of cognizance was the controlling factor for the interim relief. Consequently, the writ petition was disposed of after issuing the non‑arrest direction. The order was pronounced by Judges Siddharth and Vinai Kumar Dwivedi on 23 April 2026.
Issues considered
- Whether the High Court can direct that petitioners not be arrested pending the taking of cognizance of the charge sheet by the trial court
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22088 of 2025
Abhishek Tyagi And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Suhail Bhardwaj
Counsel for Respondent(s) : G.A.
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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