Allahabad High Court
MOHD DANISH AND ANOTHERversusSTATE OF U.P. & 3 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested, and the writ petition stands disposed.
Summary
The petitioners, Mohd Danish and another, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Advocate 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 High Court noted the uncertainty regarding cognizance and, considering the interim order already in place, directed that the petitioners not be arrested until cognizance is formally taken on the police report. The court emphasized that the protection against arrest is only pending the court's taking of cognizance. Consequently, the writ petition was disposed of with the direction to refrain from arrest until cognizance is recorded.
Issues considered
- Whether the High Court can issue an interim direction to prevent arrest of petitioners pending the trial court's taking of cognizance of the charge sheet
- Whether the lack of clear cognizance status justifies a stay on arrest under criminal procedure
Subjects
- cognizance
- charge sheet
- interim order
- writ petition
- arrest
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7518 of 2025
Mohd Danish And Another
.....Petitioner(s)
Versus
State Of U.P. & 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dileep Kumar, Karma Singh Yadav,
Satya Pal 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 7, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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