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Allahabad High Court

MUSHAHID AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petitioners shall not be arrested until cognizance is taken on the police report by the concerned court.

Summary

Mushahid and five others filed a criminal miscellaneous writ petition challenging their potential arrest. The State, represented by the 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 petitioners sought relief to prevent their arrest pending clarification of cognizance. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners shall not be arrested until the concerned court takes cognizance of the charge sheet. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 9509 of 2023

                                    Mushahid And 5 Others
                                                                                                 .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)                 :    Diwan Saifullah Khan
                                    Counsel for Respondent(s)                 :    G.A., Meraj Ahmad Khan

                                    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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