Allahabad High Court
NOOR HASAN AND 4 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
Arrest cannot be effected until cognizance of the charge sheet is taken by the trial court.
Summary
The petitioners, Noor Hasan and four others, filed a criminal miscellaneous writ petition before the Allahabad High Court seeking protection from arrest. The State, represented by the Additional Government Advocate, informed the Court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The Court observed that an interim order was already operating in the writ petition. To prevent premature detention, the Court directed that the petitioners shall not be arrested until cognizance is formally taken by the concerned court. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
- Whether the interim order in the writ petition can remain in force pending cognizance
Subjects
- cognizance
- charge sheet
- writ petition
- interim relief
- arrest
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18524 of 2025
Noor Hasan And 4 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anup Kumar Pandey
Counsel for Respondent(s) : 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 petitioners.
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 petitioners 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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