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Allahabad High Court

BACHCHA YADAV AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The High Court held that the petitioners shall not be arrested until cognizance of the police report is taken by the trial court.

Summary

The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest, but did not appear before the court. The State's Additional Government Advocate 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, to prevent premature arrest, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. No substantive hearing on the merits was conducted as the petitioners were absent. Consequently, the writ petition was disposed of, with the interim protection remaining in force pending cognizance.

Issues considered

  • Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed against them
  • Whether the High Court can issue an order restraining arrest pending cognizance in a criminal miscellaneous writ petition

Subjects

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

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL MISC. WRIT PETITION No. - 7858 of 2025

                                    Bachcha Yadav And 3 Others
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 3 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)           : Imran Ali, Murtuza Ali, Yogendra
                                                                          Pratap Singh
                                    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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