Allahabad High Court
MOHD. HAIDER AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that until cognizance of the police report is taken, the petitioners cannot be arrested.
Summary
Petitioners filed a criminal miscellaneous writ petition seeking protection from arrest pending the court's taking cognizance of a charge sheet that had been filed. The State, through the Additional Government Advocate, confirmed that the charge sheet was submitted but it was unclear whether cognizance had been taken. The Court noted the existence of an interim order in the petition and, to avoid any premature arrest, directed that the petitioners shall not be arrested until cognizance is formally taken on the police report. The Court then disposed of the writ petition. The order effectively maintains the status quo pending further proceedings on cognizance.
Issues considered
- Whether the High Court can issue a direction restraining arrest of petitioners until cognizance of the charge sheet is taken
- Whether the interim order in the writ petition remains operative in the absence of a clear cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6628 of 2023
Mohd. Haider And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sukrampal, Tikendra Pratap Singh
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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