Allahabad High Court
CHANDRAKESH AND 3 OTHERSversusState 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, and the writ petition stands disposed.
Summary
Petitioners Chandrakesh and three others filed a criminal miscellaneous writ petition seeking relief from arrest. The State of U.P. submitted that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted the uncertainty regarding cognizance and, considering the interim order already in place, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. The Court emphasized that the protection against arrest is permissible pending a clear determination of jurisdiction over the charge sheet. Consequently, the writ petition was disposed of after issuing the interim direction. The decision underscores the procedural requirement of cognizance before arrest can be effected in criminal proceedings.
Issues considered
- Whether the High Court can issue an interim direction to prevent arrest of petitioners pending determination of cognizance of the charge sheet
- Whether cognizance of the charge sheet has been taken by the trial court
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9584 of 2024
Chandrakesh And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jitendra Singh, Sonam Singh
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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