Allahabad High Court
SHEKHAR PAL AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court ordered 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, but no counsel appeared for them. The State's Advocate General informed the court that a charge sheet had been filed, though 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, given the uncertainty about cognizance, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. The court then disposed of the writ petition. The order effectively stays any arrest of the petitioners pending the cognizance decision.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the police report and charge sheet
- Whether the High Court can issue an interim direction staying arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7845 of 2025
Shekhar Pal And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Pal
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case is called out. No one appears on behalf of the petitioners.
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.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 7, 2026
Ruchi Agrahari
Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad
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