Allahabad High Court
RAHMAT ALI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioners cannot be arrested until cognizance of the charge sheet is taken by the competent court.
Summary
The petitioners, Rahmat Ali and another, 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 it. The High Court noted the existence of an interim order in the writ petition and, to prevent premature arrest, directed that the petitioners not be arrested until cognizance is formally taken on the police report. The court emphasized the procedural requirement that cognizance must be established before any arrest can be effected in a criminal case. Consequently, the writ petition was disposed of after issuing the protective direction. The decision underscores the need for clear cognizance before enforcement actions such as arrest can proceed.
Issues considered
- Whether the petitioners can be lawfully arrested before the trial court takes cognizance of the charge sheet filed against them
- Whether the interim order in the writ petition can remain in force pending determination of cognizance
Subjects
- cognizance
- charge sheet
- writ petition
- arrest
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21804 of 2025
Rahmat Ali And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Syed Ahmed Faizan, Manoj Kumar
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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