Allahabad High Court
ABDUL SATTAR AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that until cognizance is taken on the police report, the petitioners cannot be arrested and the writ petition stands disposed.
Summary
Petitioners Abdul Sattar and another filed a criminal miscellaneous writ petition seeking protection from arrest. The State of Uttar Pradesh and two others, as respondents, 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 noted that, while the charge sheet existed, the status of cognizance could not be ascertained. Consequently, the Court issued an interim direction that the petitioners shall not be arrested until cognizance is formally taken by the concerned court. The writ petition was thereafter disposed of.
Issues considered
- Whether the High Court can restrain the arrest of petitioners pending the taking of cognizance of the charge sheet by the trial court
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- criminal procedure
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9445 of 2023
Abdul Sattar And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Namit Kumar Sharma, Virendra
Jaiswal
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 12, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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