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Allahabad High Court

MOHD. SHARIF ALIAS RAJUversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court ordered that the petitioner shall not be arrested until cognizance is taken on the police report.

Summary

Mohd. Sharif alias Raju filed a criminal miscellaneous writ petition seeking relief against his arrest. The State of U.P. submitted that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The Allahabad High Court, noting the uncertainty about cognizance and the existence of an interim order, directed that the petitioner shall not be arrested until cognizance is formally taken by the concerned court. No further substantive order was made on the merits of the petition. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the High Court can issue an interim direction to prevent arrest of the petitioner pending cognizance of the charge sheet
  • Whether cognizance of the charge sheet has been taken by the trial court

Subjects

  • writ petition
  • criminal procedure
  • cognizance
  • charge sheet
  • interim order
  • arrest
  • High Court

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 21931 of 2025

                                    Mohd. Sharif Alias Raju
                                                                                                              .....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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