Allahabad High Court
BANSHI BRIJMOHAN DAS AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
Petitioners Banshi Brijmohan Das and another filed a criminal miscellaneous writ petition seeking relief against arrest. The State, represented by the Additional Government Advocate, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted the uncertainty and, considering the interim order already in force, directed that the petitioners could not be arrested until cognizance of the police report is taken by the concerned court. The court then disposed of the writ petition. No further orders were made.
Issues considered
- Whether cognizance of the charge sheet filed by the investigating officer has been taken by the trial court
- Whether the petitioners can be arrested before cognizance is taken
Subjects
- cognizance
- charge sheet
- arrest
- interim relief
- criminal procedure
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9436 of 2023
Banshi Brijmohan Das And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramanuj Tripathi
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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