Allahabad High Court
SHAHBAZversusSTATE OF UP AND 2 OTHERS
- Decided
Holding
The Court ordered that the petitioner shall not be arrested until cognizance is taken on the police report.
Summary
Shahbaz filed a criminal miscellaneous writ petition seeking protection from arrest in a case where a charge sheet had been filed by the investigating officer. The State, represented by the Additional Government Advocate, indicated that while the charge sheet was submitted, it was unclear whether the trial court had taken cognizance of it. The High Court, noting the existence of an interim order in the petition, directed that the petitioner could not be arrested until cognizance of the police report is taken by the concerned court. The Court emphasized that the lack of clear cognizance precludes any arrest pending that determination. Consequently, the writ petition was disposed of, with the interim protection remaining in force.
Issues considered
- Whether the High Court can restrain the arrest of the petitioner pending cognizance of the charge sheet by the trial court
- Whether the writ petition should be disposed of given the uncertainty about cognizance
Subjects
- arrest
- cognizance
- charge sheet
- interim relief
- criminal procedure
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18895 of 2025
Shahbaz
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vidit Narayan Mishra
Counsel for Respondent(s) : G.A., Manoj Kumar Pandey
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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