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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