Allahabad High Court
AJAYversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
The petitioners, Ajay, filed a criminal miscellaneous writ petition seeking relief from arrest. The State of U.P. and other respondents had filed a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The petitioners' counsel argued that arrest should not proceed without cognizance, while the respondents' counsel indicated the charge sheet was already filed. The High Court noted the existence of an interim order in the writ petition and directed that no arrest of the petitioners be made until cognizance is formally taken by the concerned court. Consequently, the writ petition was disposed of, with the interim protection remaining in force.
Issues considered
- Whether arrest of the petitioners can be ordered before the court takes cognizance of the charge sheet
- Whether an interim order can stay the arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7876 of 2025
Ajay
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raj Kumar Sharma, Rohit Nandan
Singh
Counsel for Respondent(s) : Anuj Kumar Singh, G.A., Raj Kumar
Dubey, Subhash Chandra Dubey,
Sudha Dubey
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 informant. Sri
Dhanjay Kumar Yadav, Advocate, holding brief of Sri Rohit Nandan
Singh, learned counsel for the petitioner is present.
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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