Allahabad High Court
MOHD. SALIM ALIAS LALUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioner shall not be arrested until cognizance of the police report is taken by the court.
Summary
Mohd. Salim alias Lalu filed a criminal miscellaneous writ petition challenging the prospect of his 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 shall not be arrested until cognizance of the police report is taken by the concerned court. The court emphasized that the protection against arrest is contingent upon the formal taking of cognizance. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
- Whether the interim order in the writ petition can stay the arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- interim relief
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21864 of 2025
Mohd. Salim Alias Lalu
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Waseem
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, 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.
April 23, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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