Allahabad High Court
KALYAN SINGH AND 8 OTHERSversusSTATE OF U.P. AND 18 OTHERS
- Decided
Holding
The court held that the petitioners shall not be arrested until cognizance of the charge sheet is taken by the concerned court.
Summary
Petitioners Kalyan Singh and eight others filed a criminal miscellaneous writ petition challenging their potential arrest. No respondent appeared, and the Attorney General for the State informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners could not be arrested until cognizance of the police report is taken by the concerned court. The petition was thereafter disposed of. The order essentially provides interim protection against arrest pending procedural clarification.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed against them
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. - 7806 of 2023
Kalyan Singh And 8 Others
.....Petitioner(s)
Versus
State Of U.P. And 18 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mahipal Singh, Sr. Advocate
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. 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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