Allahabad High Court
JAMUNA PRASAD AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance is taken on the police report.
Summary
Jamuna Prasad and two others filed a criminal miscellaneous writ petition seeking relief from 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. Considering the uncertainty and the existence of an interim order in the writ petition, the High Court directed that the petitioners should not be arrested until cognizance of the police report is taken by the concerned court. The petition was thereafter disposed of.
Issues considered
- Whether the High Court can prohibit the arrest of petitioners until cognizance of the charge sheet is taken by the trial court
Subjects
- criminal procedure
- cognizance
- charge sheet
- interim order
- writ petition
- arrest
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7701 of 2025
Jamuna Prasad And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Narendra Kumar, Rabindra Bahadur
Singh
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
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