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Allahabad High Court

KAMLESH SINGH AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petitioners shall not be arrested until cognizance of the charge sheet is taken by the court, and the writ petition is disposed.

Summary

The petitioners filed a criminal miscellaneous writ petition seeking protection 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 the police report. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners could not be arrested until cognizance is formally taken by the concerned court. Consequently, the writ petition was disposed of. No further orders were made regarding the substantive criminal proceedings.

Issues considered

  • Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 7731 of 2023

                                    Kamlesh Singh And 4 Others
                                                                                                   .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 2 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Akhilesh Kumar, Urmila Shukla
                                    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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