Allahabad High Court
KULDEEP RATHAUR AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the charge sheet is taken by the court.
Summary
Petitioners filed a criminal miscellaneous writ petition seeking relief against 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 the uncertainty regarding cognizance. It directed that the petitioners shall not be arrested until cognizance is taken on the charge sheet by the concerned court. The writ petition was thereafter disposed of.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7732 of 2022
Kuldeep Rathaur And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Rathore, Sanjeev Kumar
Counsel for Respondent(s) : Abhay Raj Singh, G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list. None responds on behalf of the petitioner.
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 petitioner/petitioners shall not
be arrested.
4. The writ petition stands disposed of.
May 7, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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