Allahabad High Court
BHANU PRATAP SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioner shall not be arrested until the trial court takes cognizance of the police report.
Summary
The petitioner, Bhanu Pratap Singh, 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 noted that, pending clarification on cognizance, the interim order in the writ petition should continue to protect the petitioner from arrest. Consequently, the court directed that the petitioner not be arrested until cognizance is taken on the police report. The writ petition was thereafter disposed of.
Issues considered
- Whether the petitioner can be arrested when a charge sheet is filed but cognizance by the trial court is uncertain
Subjects
- cognizance
- charge sheet
- arrest
- criminal procedure
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6808 of 2023
Bhanu Pratap Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajeev Kumar Mishra
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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