Allahabad High Court
SIYARAM AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
Arrest of the petitioners is prohibited until the trial court takes cognizance of the charge sheet.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest after a charge sheet had been filed by the investigating officer. The State’s Advocate indicated that while the charge sheet was submitted, it was unclear whether the trial court had taken cognizance of it. The High Court noted the existence of an interim order in the writ petition and directed that the petitioners could not be arrested until the concerned court formally takes cognizance of the police report. The court thereby ensured protection of the petitioners’ liberty pending judicial determination of the charge sheet. The writ petition was subsequently disposed.
Issues considered
- Whether an arrest can be effected before the trial court takes cognizance of the charge sheet filed under criminal procedure.
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 753 of 2025
Siyaram And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Radhey Shyam Yadav
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 7, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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