Allahabad High Court
SHADABversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
Arrest of the petitioners is prohibited until cognizance of the charge sheet is taken by the trial court.
Summary
The petitioners, represented by counsel Dharmendra Kumar and Ganga Bhushan Mishra, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by G.A., informed the Court that a charge sheet had already been filed but it was unclear whether the trial court had taken cognizance of the police report. The Court noted that, while the charge sheet existed, the status of cognizance was uncertain and an interim order was already in force in the writ petition. Consequently, the Court directed that the petitioners could not be arrested until the concerned court takes cognizance of the charge sheet. The writ petition was thereafter disposed of.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer?
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9565 of 2023
Shadab
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Kumar, Ganga Bhushan
Mishra
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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