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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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