Allahabad High Court
WASEEM ALIversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The court ordered that the petitioner shall not be arrested until cognizance of the police report is taken by the concerned court.
Summary
Waseem Ali filed a criminal miscellaneous writ petition (No. 7735 of 2023) challenging his potential arrest in a case where a charge sheet had been filed by the investigating officer. The State, represented by the Additional Government Advocate, indicated that while the charge sheet was submitted, it was unclear whether the trial court had taken cognizance of it. The Allahabad High Court, noting the uncertainty and the existence of an interim order, directed that the petitioner shall not be arrested until cognizance of the police report is formally taken by the concerned court. No substantive merits of the underlying criminal case were addressed. Consequently, the writ petition was disposed of, with the interim protection remaining in force.
Issues considered
- Whether the High Court can issue an order preventing the arrest of the petitioner pending cognizance of the charge sheet by the trial court
- Whether cognizance of the charge sheet has been taken by the trial court
Subjects
- criminal procedure
- cognizance
- charge sheet
- interim relief
- arrest
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7735 of 2023
Waseem Ali
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deelip Kumar Pathak, Rajiv Kumar
Mishra
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 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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