Allahabad High Court
THAN SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that until cognizance is taken on the police report, the petitioner shall not be arrested and the writ petition stands disposed.
Summary
The petitioner, Than Singh, filed a criminal miscellaneous writ petition challenging his potential arrest. The State had filed a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted the existence of an interim order in the writ petition and, to protect the petitioner, directed that no arrest could be made until cognizance is formally taken by the concerned court. The court emphasized that the pending cognizance issue precludes any arrest on the basis of the charge sheet. Consequently, the writ petition was disposed of, with the direction remaining in force pending cognizance.
Issues considered
- Whether the High Court can issue an order restraining arrest of the petitioner pending cognizance of the charge sheet by the trial court
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6563 of 2025
Than Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vivek Kumar Mishra
Counsel for Respondent(s) : Dharmendra Kumar Mishra, 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/petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 6, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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