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Allahabad High Court

JABAR SINGH AND 2 OTHERSversusSTATE OF U P AND 2 OTHERS

Decided

Holding

The petitioners shall not be arrested until cognizance is taken on the police report by the concerned court.

Summary

The petitioners, Jabar Singh and two others, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Attorney General, indicated 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 the petitioners not be arrested until cognizance of the police report is taken by the concerned court. The Court disposed of the writ petition on this basis. No further orders were made.

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
  • criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 964 of 2022

                                    Jabar Singh And 2 Others
                                                                                                 .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)        : Ashok Kumar Gupta, Krishna Kumar
                                                                       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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