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Allahabad High Court

GAURAV KUMAR JAIN AND 7 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

No arrest shall be made against the petitioners until cognizance of the police report is taken by the concerned court.

Summary

Petitioners filed a criminal miscellaneous writ petition seeking relief from potential arrest. The State's 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 existence of an interim order in the writ petition and, to avoid premature arrest, directed that no arrest be made until cognizance of the police report is taken by the concerned court. The court thereby ensured the petitioners' liberty pending formal judicial scrutiny of the charge sheet. Consequently, the writ petition was disposed of.

Issues considered

  • Whether an arrest can be effected before the trial court takes cognizance of the charge sheet filed against the petitioners

Subjects

  • cognizance
  • charge sheet
  • arrest
  • writ petition
  • interim order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 9460 of 2023

                                    Gaurav Kumar Jain And 7 Others
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Lalit Kumar Shukla
                                    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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