Allahabad High Court
TEJ PAL SINGH AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance is taken on the police report by the concerned court.
Summary
Petitioners Tej Pal Singh and others filed a criminal miscellaneous writ petition seeking relief against prospective arrest. The State had filed a charge sheet, 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 detention, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. The Court emphasized that the procedural requirement of cognizance must be satisfied before any arrest can be effected. Consequently, the writ petition was disposed of with the protective direction in place.
Issues considered
- What is the appropriate course of action when a charge sheet has been filed but cognizance by the trial court has not been established, specifically regarding the arrest of the petitioners?
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8140 of 2023
Tej Pal Singh And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Sengar
Counsel for Respondent(s) : G.A., Ujjawal Satsangi
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list. None responds on behalf of the petitioner.
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.
May 7, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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