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Allahabad High Court

SANJAY TYAGIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court held that the petitioner shall not be arrested until cognizance of the police report is taken by the concerned court.

Summary

Petitioner Sanjay Tyagi filed a criminal miscellaneous writ petition challenging his potential arrest. The State of U.P. submitted a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted the uncertainty and, considering the interim order already in force, directed that the petitioner could not be arrested until cognizance is formally taken. No further substantive hearing was conducted. Consequently, the writ petition was disposed of after the interim relief was granted.

Issues considered

  • Whether the petitioner can be arrested before the court takes cognizance of the charge sheet filed by the investigating officer.

Subjects

  • criminal procedure
  • cognizance
  • charge sheet
  • interim relief
  • arrest
  • writ petition
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 9387 of 2023

                                    Sanjay Tyagi
                                                                                                 .....Petitioner(s)
                                                                           Versus

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

                                    Counsel for Petitioner(s)             : Adarsh Tiwari, Pawan Singh Pundir
                                    Counsel for Respondent(s)             : G.A., Virendra Prakash

                                    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 shall not be arrested.

                                    4. The writ petition stands disposed of.



                                                                     (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    May 12, 2026
                                    Shubham




Digitally signed by :-
SHUBHAM KUMAR AGRAHARI
High Court of Judicature at Allahabad


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