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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