Allahabad High Court
RAM BABU AND 10 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested and the writ petition is disposed.
Summary
Ram Babu and ten others filed a criminal miscellaneous writ petition seeking relief against arrest. The State's Advocate informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The Allahabad High Court, noting the uncertainty about cognizance and the existence of an interim order, directed that the petitioners not be arrested until cognizance is taken on the police report. The court then disposed of the writ petition. No further substantive orders were made.
Issues considered
- Whether the High Court can direct that petitioners not be arrested pending cognizance of the charge sheet
- Whether the writ petition stands disposed after issuing the interim direction
Subjects
- criminal procedure
- cognizance
- charge sheet
- writ petition
- interim order
- arrest
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7671 of 2025
Ram Babu And 10 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mukesh Kumar Pandey
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 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
Checking your session…