Allahabad High Court
SANTOSH ALIAS SUNIL AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
Petitioners Santosh alias Sunil and another filed a criminal miscellaneous writ petition seeking protection from arrest. The State counsel 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, noting the uncertainty about cognizance and the existence of an interim order, 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 of.
Issues considered
- Whether the High Court can issue an order restraining arrest of petitioners pending cognizance of the charge sheet
- Whether cognizance of the charge sheet has been taken by the trial court
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- interim relief
- arrest
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7578 of 2025
Santosh Alias Sunil And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prabha Upadhyay, R P Rajan
Counsel for Respondent(s) : G.A., Ravi Shankar Vishwakarma
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 petitioners shall not be arrested.
4. The writ petition stands disposed of.
May 7, 2026
Rohit
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ROHIT DAS
High Court of Judicature at Allahabad
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