Allahabad High Court
OM PRAKASH YADAV AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance of the police report is taken, the petitioners cannot be arrested.
Summary
Petitioners Om Prakash Yadav and three others filed a criminal miscellaneous writ petition seeking protection from arrest. The State had filed a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The learned Additional Government Advocate confirmed the filing of the charge sheet but could not ascertain cognizance. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners shall not be arrested until cognizance is taken on the police report by the concerned court. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can restrain the arrest of petitioners pending cognizance of the charge sheet by the trial court
- Whether an interim order in a writ petition remains effective when cognizance of the charge sheet is uncertain
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6738 of 2022
Om Prakash Yadav And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Adya Prasad Tewari, Sanjeev Kumar
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/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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