Allahabad High Court
BYASMUNI AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court ordered that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
Petitioners Byasmuni and another filed a criminal miscellaneous writ petition seeking protection from arrest. The State 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 the uncertainty regarding cognizance and, considering the interim order already in force, directed that the petitioners shall not be arrested until cognizance is taken by the concerned court. No substantive hearing on the merits was conducted. The writ petition was thereafter disposed.
Issues considered
- Whether the High Court can restrain the arrest of petitioners pending the taking of cognizance of the charge sheet.
- Whether the petition is maintainable when a charge sheet is filed but cognizance is uncertain.
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- interim protection
- arrest
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7570 of 2025
Byasmuni And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sriram Dhar Dubey
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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