Allahabad High Court
BABLU @ MOHAMMAD KASHIFversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that arrest cannot be effected until the trial court has taken cognizance of the police report.
Summary
The petitioner, Bablu @ Mohammad Kashif, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Attorney General, informed the court 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 writ petition and, to avoid premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the procedural step of taking cognizance is essential before any arrest can be effected on the basis of the charge sheet. Consequently, the writ petition was disposed of after issuing the interim protection. The order was pronounced by Hon'ble Judges Siddharth and Vinai Kumar Dwivedi on 23 April 2026.
Issues considered
- What is the appropriate procedural step before arresting a petitioner when a charge sheet has been filed but cognizance is uncertain?
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21710 of 2025
Bablu @ Mohammad Kashif
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nandini Pandey
Counsel for Respondent(s) : G.A.
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/petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
April 23, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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