Allahabad High Court
AMAN KUMAR MINORversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the petitioner shall not be arrested until cognizance is taken on the police report by the trial court.
Summary
A writ petition was filed by Aman Kumar, a minor, challenging his potential arrest. No counsel appeared for the petitioner, while the State was represented by three advocates. The State informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. Considering the existence of an interim order in the writ petition, the High Court directed that the petitioner could not be arrested until cognizance of the police report is taken by the concerned court. The writ petition was subsequently disposed.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
- Whether the High Court can issue an interim direction to restrain arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- interim relief
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18521 of 2025
Aman Kumar Minor
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amar Chandra
Counsel for Respondent(s) : Aman Srivastava, Ahmad Ali Siddiqui,
G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE SATYA VEER SINGH, J.
1. Case is called out. No one appears on behalf of the petitioner.
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 shall not be arrested.
4. The writ petition stands disposed of.
(Satya Veer Singh,J.) (Siddharth,J.)
April 20, 2026
Ruchi Agrahari
Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad
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