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Allahabad High Court

ARSHADversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petitioner shall not be arrested until cognizance of the police report is taken by the appropriate court.

Summary

A criminal miscellaneous writ petition was filed by Arshad seeking relief, but no counsel appeared for the petitioner. The State, represented by the Additional Government Advocate, informed the court that a charge sheet had been filed, though it was unclear whether the trial court had taken cognizance of it. Considering the existence of an interim order in the writ petition, the High Court directed that the petitioner could not be arrested until cognizance of the police report is taken by the concerned court. The court emphasized the need to protect the petitioner’s liberty pending formal cognizance. Consequently, the writ petition was disposed of.

Issues considered

  • What is the appropriate course of action when a charge sheet has been filed but cognizance by the trial court is uncertain?
  • Can the petitioner be arrested before cognizance of the charge sheet is taken?

Subjects

  • cognizance
  • charge sheet
  • arrest
  • interim relief
  • writ petition
  • criminal procedure

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CRIMINAL MISC. WRIT PETITION No. - 21863 of 2025

                                    Arshad
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 3 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                        :   Dheeraj Kumar
                                    Counsel for Respondent(s)                        :   G.A.

                                    Court No. - 44
                                                         HON'BLE SIDDHARTH, J.
                                                         HON'BLE VINAI KUMAR DWIVEDI, J.

                                    1. Case is called out. No one appears on behalf of the petitioner.

                                    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 shall not be arrested.

                                    4. The writ petition stands disposed of.



                                                                       (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    April 23, 2026
                                    Ruchi Agrahari




Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad


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