Allahabad High Court
SAKIR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the petitioners shall not be arrested until cognizance is taken on the police report.
Summary
Petitioners Sakir and another filed a criminal miscellaneous writ petition seeking relief from arrest. The State's 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 High Court, noting the existence of an interim order in the writ petition, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. No further substantive hearing on the merits was undertaken. 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 by the investigating officer
Subjects
- writ petition
- criminal miscellaneous
- cognizance
- charge sheet
- arrest
- interim order
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7634 of 2023
Sakir And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rizwan Ullah Siddiqui
Counsel for Respondent(s) : G.A., Shashi Ranjan Srivastava
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 petitioners shall not be arrested.
4. The writ petition stands disposed of.
May 7, 2026
Rohit
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ROHIT DAS
High Court of Judicature at Allahabad
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