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Allahabad High Court

MOHD. HAMID AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

Holding

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

Summary

Petitioners Mohd. Hamid and two others filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Advocate General, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners could not be arrested until cognizance of the police report is taken by the concerned court. Consequently, the writ petition was disposed of. The order ensures protection of the petitioners' liberty pending procedural clarification.

Issues considered

  • Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed against them

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 956 of 2023

                                    Mohd. Hamid And 2 Others
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of Uttar Pradesh And 3 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)        : Om Prakash Pandey, Ved Prakash
                                                                       Pandey
                                    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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