Allahabad High Court
SABIR ALI (MINOR)versusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court ordered that the petitioner shall not be arrested until cognizance of the police report is taken by the concerned court.
Summary
The petitioner, a minor named Sabir Ali, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, indicated that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted the existence of an interim order in the writ petition and, given the uncertainty about cognizance, directed that the petitioner not be arrested until the concerned court takes cognizance of the police report. The court emphasized that the protection against arrest is only pending the taking of cognizance. Consequently, the writ petition was disposed of after issuing the protective direction.
Issues considered
- Whether cognizance of the charge sheet must be taken by the trial court before the petitioner can be arrested
- Whether the High Court can issue an interim direction to prevent arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- criminal procedure
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9642 of 2022
Sabir Ali (Minor)
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : M J Akhtar
Counsel for Respondent(s) : G.A., Kamalesh Singh
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 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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