Allahabad High Court
MOHD.KAMIL AND 10 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that no arrest shall be made against the petitioners until cognizance of the police report is taken by the appropriate court.
Summary
The petitioners, Mohd. Kamil and ten others, filed a criminal miscellaneous writ petition seeking relief from potential arrest. The State, represented by the Additional Government Advocate, indicated 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, to prevent any premature arrest, directed that the petitioners not be arrested until cognizance of the police report is taken by the concerned court. No further arguments were presented as no counsel appeared for the petitioners. Consequently, the writ petition was disposed of with the protective direction remaining in force. The order was pronounced by Hon'ble Judges Siddharth and Vinai Kumar Dwivedi on May 7, 2026.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer
- Whether the interim order in the writ petition can stay any arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 789 of 2023
Mohd.Kamil And 10 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pandey Balkrishna, Sunil 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. None responds 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/petitioners shall not
be arrested.
4. The writ petition stands disposed of.
May 7, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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