Allahabad High Court
NOOR AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the charge sheet is taken by the concerned court.
Summary
Petitioners Noor and four others filed a criminal miscellaneous writ petition seeking relief from arrest. The State of U.P. and two others, represented by the Attorney General, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The petitioners' counsel, Amit Kumar and Mujtaba Shamim Akhtar, argued that the petitioners should not be arrested pending cognizance. The Court, noting the existence of an interim order in the writ petition, directed that no arrest of the petitioners be made until the court on the police report takes cognizance. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed against them
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6845 of 2025
Noor And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar, Mujtaba Shamim Akhtar
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. Mr. Mujtaba Shamim Akhtar is
present on behalf of the petitioner.
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 an 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
NSC
Digitally signed by :-
NARENDRA SINGH CHAUDHARY
High Court of Judicature at Allahabad
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