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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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