Allahabad High Court
ANWAR HUSAIN AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
Anwar Husain and another filed a criminal miscellaneous writ petition challenging their potential arrest. The State of U.P. submitted a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The petitioners sought relief to prevent arrest pending clarification of cognizance. The High Court, noting the existence of an interim order, 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 High Court can issue an order restraining arrest of petitioners pending cognizance of a charge sheet
- Whether the existence of an interim order justifies a stay on arrest
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18704 of 2025
Anwar Husain And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Umesh Prasad Singh
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE SATYA VEER SINGH, 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.
(Satya Veer Singh,J.) (Siddharth,J.)
April 20, 2026
sailesh
Digitally signed by :-
SAILESH PRAJAPATI
High Court of Judicature at Allahabad
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