Allahabad High Court
HAJURA SIINGH AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
No arrest can be made against the petitioners until the trial court takes cognizance of the charge sheet.
Summary
Hajura Singh and four others filed a criminal miscellaneous writ petition challenging their potential arrest. The State of U.P. submitted that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court, noting the existence of an interim order, directed that the petitioners could not be arrested until cognizance of the police report is taken by the concerned court. The Court disposed of the writ petition on this basis, leaving the matter to be resolved by the trial court once cognizance is established.
Issues considered
- Whether the trial court has taken cognizance of the charge sheet filed against the petitioners
- Whether the petitioners can be arrested before cognizance of the charge sheet is taken
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6829 of 2025
Hajura Siingh And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ganesh Mani, Raghvendra Pratap
Singh
Counsel for Respondent(s) : G.A., Sandhya Agarwal, Vishnu Dayal
Agarwal
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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