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Allahabad High Court

NAUSHADversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court held that the petitioner shall not be arrested until cognizance is taken on the police report.

Summary

The petitioner filed a criminal miscellaneous writ petition seeking relief from arrest. No counsel appeared for the petitioner, while the State's counsel informed 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 existence of an interim order in the writ petition and, given the uncertainty about cognizance, directed that the petitioner not be arrested until cognizance is formally taken on the police report. The court then disposed of the writ petition. Consequently, the petitioner is protected from arrest pending cognizance, and the petition stands disposed.

Issues considered

  • Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed against him

Subjects

  • cognizance
  • charge sheet
  • interim order
  • arrest
  • writ petition
  • criminal procedure

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                      CRIMINAL MISC. WRIT PETITION No. - 7760 of 2025

                                    Naushad
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 3 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)           : Ramesh Kumar Shukla, Vivek Kumar
                                                                          Shukla
                                    Counsel for Respondent(s)           : G.A., Manoj Pandey

                                    Court No. - 44
                                                          HON'BLE SIDDHARTH, J.
                                                          HON'BLE VINAI KUMAR DWIVEDI, J.

                                    1. Case is called out. No one appears 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 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.



                                                                       (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    May 7, 2026
                                    Ruchi Agrahari




Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad


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