Allahabad High Court
MOHAMMAD YUSUF AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioners shall not be arrested until the trial court takes cognizance of the charge sheet.
Summary
Petitioners Mohammad Yusuf and two others filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, informed the Court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The Court noted the existence of an interim order in the writ petition and, to avoid premature arrest, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. No substantive merits of the criminal case were addressed, as the petition was limited to procedural protection. Consequently, the writ petition was disposed, with the interim protection remaining in force pending cognizance.
Issues considered
- What is the appropriate procedural step when a charge sheet is filed but cognizance by the trial court is uncertain?
- Whether the petitioners can be arrested before the trial court takes cognizance of the police report?
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6589 of 2025
Mohammad Yusuf And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deenanath Mishra
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.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 6, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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