Allahabad High Court
RIZWAN SAIYAB SIDDIQUI AND 2 OTHERSversusState of UP AND 2 OTHERS
- Decided
Holding
Arrest cannot be made until the court takes cognizance of the charge sheet.
Summary
The petitioners, Rizwan Saiyab Siddiqui and two others, filed a criminal miscellaneous writ petition seeking protection from arrest. They argued that although a charge sheet had been filed by the investigating officer, the court had not yet taken cognizance of the police report. The State, represented by the Additional Government Advocate, confirmed the filing of the charge sheet but was uncertain about cognizance. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners shall not be arrested until cognizance is taken by the concerned court. Consequently, the writ petition was disposed of.
Issues considered
- Whether arrest of the petitioners can be effected before the court takes cognizance of the charge sheet
- Whether the interim relief granted in the writ petition should continue pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18697 of 2024
Rizwan Saiyab Siddiqui And 2 Others
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gyanendra Kumar Singh
Counsel for Respondent(s) : Radhey Shyam Yadav, 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/petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Satya Veer Singh,J.) (Siddharth,J.)
April 20, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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