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Allahabad High Court

NEERAJ @ BUNTY AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is disposed, with an order that the petitioners shall not be arrested until cognizance is taken on the police report.

Summary

The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest. The State's counsel indicated 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 existence of an interim order in the writ petition, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. No further substantive order on the merits was made. Consequently, the writ petition was disposed of.

Issues considered

  • Whether cognizance of the charge sheet has been taken by the trial court
  • Whether the petitioners can be arrested before cognizance is taken

Subjects

  • criminal procedure
  • cognizance
  • charge sheet
  • writ petition
  • interim relief
  • arrest

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 7723 of 2023

                                    Neeraj @ Bunty And 5 Others
                                                                                                   .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                        :    Munesh Kumar
                                    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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