Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.