Allahabad High Court
HARISH CHANDRPAL AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petition is disposed, and the petitioners are to remain free from arrest until cognizance of the charge sheet is taken by the trial court.
Summary
Petitioners Harish Chandrpal and others filed a criminal miscellaneous writ petition seeking relief 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 existence of an interim order in the writ petition and directed that the petitioners not be arrested until cognizance is taken by the concerned court. No further substantive hearing was required. Consequently, the writ petition was disposed of, with the interim protection remaining in force.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed against them
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- interim order
- arrest
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7616 of 2025
Harish Chandrpal And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abdul Mazeed, Mohd Arif, Syed
Mahfooz Husain Shah
Counsel for Respondent(s) : G.A., Rafiuddin Ansari, Sadrul Islam
Jafri
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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