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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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