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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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