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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