Allahabad High Court
MUZAFFAR ALI AND 23 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
Arrest of the petitioners is prohibited until the trial court takes cognizance of the charge sheet.
Summary
The petitioners, Muzaffar Ali and 23 others, filed a criminal miscellaneous writ petition seeking relief from 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 Court noted the existence of an interim order in the writ petition and, to prevent any premature arrest, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. The Court emphasized that the writ petition could not override the procedural requirement of cognizance before an arrest can be effected. Consequently, the petition was disposed of after issuing the protective direction. The decision underscores the principle that arrest cannot be executed absent judicial cognizance of the charge sheet.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer
- Whether the writ petition can issue an interim direction restraining arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21722 of 2025
Muzaffar Ali And 23 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mukul Yadav, Rajesh Yadav
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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