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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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