Allahabad High Court
TAUFIQversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioner shall not be arrested.
Summary
The petitioner, Taufiq, filed a criminal miscellaneous writ petition challenging his potential arrest. The State 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 noted the uncertainty regarding cognizance and, considering the interim order already in place, directed that the petitioner not be arrested until cognizance is formally taken on the police report. No further substantive orders were made. Consequently, the writ petition was disposed of.
Issues considered
- Whether the court can prohibit the arrest of the petitioner pending the taking of cognizance of the charge sheet
- Whether cognizance of the charge sheet has been taken by the trial court
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- interim order
- arrest
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18667 of 2025
Taufiq
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Jamshed Khan
Counsel for Respondent(s) : G.A., Vikrant Gupta
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/petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Satya Veer Singh,J.) (Siddharth,J.)
April 20, 2026
sailesh
Digitally signed by :-
SAILESH PRAJAPATI
High Court of Judicature at Allahabad
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