Allahabad High Court
RAMPRAKASH AND 2 OTHERSversusSTATE OF UP AND 5 OTHERS
- Decided
Holding
The High Court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest. The State informed the court that a charge sheet had been filed but 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 any premature arrest, directed that the petitioners could not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the protection against arrest is permissible pending the determination of cognizance. Consequently, the writ petition was disposed of after issuing the direction.
Issues considered
- What is the appropriate relief when cognizance of a charge sheet has not been taken by the trial court?
- Can the High Court, under its writ jurisdiction, direct that the petitioners not be arrested pending cognizance?
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8039 of 2025
Ramprakash And 2 Others
.....Petitioner(s)
Versus
State Of Up And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Saurabh Pathak
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.
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.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 6, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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