Allahabad High Court
WAQAR AHMADversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioner shall not be arrested until cognizance of the police report is taken by the court concerned.
Summary
Petitioner Waqar Ahmad filed a criminal miscellaneous writ petition challenging his potential arrest. The State, represented by the Attorney General, indicated that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted the existence of an interim order in the petition and, to avoid premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. No substantive merits of the case were addressed. Consequently, the writ petition was disposed of subject to the condition regarding arrest.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 12884 of 2025
Waqar Ahmad
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abou Sofian Usmani, Ram Adhin
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE SATYA VEER SINGH, 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.
April 20, 2026
Abhishek
(Satya Veer Singh,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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