Allahabad High Court
NADEEM ALIversusSTATE OF UP AND 2 OTHERS
- Decided
Holding
The petitioner shall not be arrested until cognizance of the police report is taken by the court.
Summary
The petitioner, Nadeem Ali, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, indicated that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The Court noted the existence of an interim order in the writ petition and, to prevent premature detention, directed that the petitioner could not be arrested until cognizance is formally taken by the concerned court. No further arguments were presented as no counsel appeared for the petitioner. Consequently, the writ petition was disposed of, with the interim protection remaining in force.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- cognizance
- arrest
- charge sheet
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18546 of 2025
Nadeem Ali
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anuj Kumar Singh, Imran Ullah,
Vineet Vikram
Counsel for Respondent(s) : Balesh Tripathi, G.A., Manish Dubey,
Saumitra Dwivedi
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
Checking your session…