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Allahabad High Court

SALEEMversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petitioner shall not be arrested until cognizance of the charge sheet is taken by the trial court.

Summary

The petitioner, Saleem, filed a criminal miscellaneous writ petition seeking relief from arrest. The State informed the court that a charge sheet had been filed by the investigating officer, but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted the existence of an interim order in the writ petition and, to avoid any premature detention, directed that the petitioner could not be arrested until cognizance is formally taken by the concerned court. The court thereby ensured that the petitioner’s liberty would not be curtailed without proper judicial scrutiny of the charge sheet. Consequently, the writ petition was disposed of.

Issues considered

  • What is the appropriate course of action when a charge sheet has been filed but cognizance by the trial court has not been taken, specifically regarding the arrest of the petitioner?

Subjects

  • cognizance
  • charge sheet
  • arrest
  • writ petition
  • interim relief
  • criminal procedure

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CRIMINAL MISC. WRIT PETITION No. - 22292 of 2025

                                    Saleem
                                                                                                   .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)               :      Irshad Ahmad
                                    Counsel for Respondent(s)               :      G.A., Ishwar Chandra Tyagi

                                    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.




                                                                     (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    April 23, 2026
                                    Atul K. Sri.




Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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