Allahabad High Court
LAIQUE AHMAD AND 2 OTHERSversusSTATE OF U.P. AND 3 OTTHERS
- Decided
Holding
Arrest cannot be made until cognizance of the charge sheet is taken by the concerned court.
Summary
The petitioners sought relief to prevent their arrest pending the filing of a charge sheet. 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 existence of an interim order in the writ petition and directed that the petitioners could not be arrested until cognizance of the police report is taken by the appropriate court. No further substantive hearing on the merits was conducted. Consequently, the writ petition was disposed of after granting the interim protection against arrest.
Issues considered
- Whether cognizance of the charge sheet has been taken by the trial court
- Whether the petitioners can be arrested before cognizance is taken
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21826 of 2025
Laique Ahmad And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Otthers
.....Respondent(s)
Counsel for Petitioner(s) : Sunil Kumar Mishra
Counsel for Respondent(s) : Ayyaz Khan, G.A., Vivek Kumar
Shukla
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
Checking your session…