Allahabad High Court
AJAY SHARMA AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest, but did not appear before the court. The State's Additional Government Advocate informed the court that a charge sheet had been filed, yet 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 writ petition and, to prevent premature detention, directed that the petitioners could not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the procedural step of taking cognizance must precede any arrest in a criminal case. Consequently, the writ petition was disposed of after issuing the non‑arrest direction. The decision underscores the importance of adhering to procedural safeguards before depriving liberty.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
- Whether the High Court can issue an interim direction restraining arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18552 of 2025
Ajay Sharma And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nidhi, Sushil Shukla
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE SATYA VEER SINGH, J.
1. Case is called out. No one appears on behalf of the petitioners.
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.
(Satya Veer Singh,J.) (Siddharth,J.)
April 20, 2026
Ruchi Agrahari
Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad
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