Allahabad High Court
JOGENDRA PRASAD AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
No arrest shall be made against the petitioners until the court takes cognizance of the police report.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking relief against potential 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 the uncertainty regarding cognizance. It directed that the petitioners could not be arrested until the concerned court formally takes cognizance of the charge sheet. Consequently, the writ petition was disposed of.
Issues considered
- What is the effect of a pending cognizance on the legality of arrest of the petitioners?
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9415 of 2023
Jogendra Prasad And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kamlesh Kumar Tiwari
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 12, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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