Allahabad High Court
NANHE BABU ALIAS MUSTKEEMversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioner shall not be arrested until cognizance of the police report is taken by the trial court.
Summary
Nanhe Babu filed a criminal miscellaneous writ petition seeking protection from arrest. The State's Additional Government Advocate 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 an interim order was already operating in the petition. To prevent unlawful detention, the Court directed that the petitioner not be arrested until cognizance is taken by the concerned court. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioner can be arrested when cognizance of the charge sheet has not been taken
- Whether the High Court can issue a direction restraining arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- high court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9484 of 2022
Nanhe Babu Alias Mustkeem
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Pati Tiwari
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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