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Allahabad High Court

FIRASAT SHAH AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that until cognizance of the charge sheet is taken by the trial court, the petitioners shall not be arrested and the writ petition stands disposed.

Summary

Petitioners Firasat Shah and four others filed a criminal miscellaneous writ petition seeking protection from arrest. The State of U.P. submitted 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 the existence of an interim order in the writ petition and 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, with the interim protection remaining in force pending cognizance.

Issues considered

  • Whether the High Court can order that petitioners not be arrested pending the trial court's taking of cognizance of the charge sheet
  • Whether the writ petition should be disposed of while cognizance remains pending

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 946 of 2023

                                    Firasat Shah And 4 Others
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                        :    Vishal Tandon
                                    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 petitioners shall not be arrested.

                                    4. The writ petition stands disposed of.



                                                                     (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    May 12, 2026
                                    Shubham




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

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