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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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