Allahabad High Court
SARTAJ @MOHD SARTAJ AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
Arrest of the petitioners is prohibited until the court concerned takes cognizance of the police report.
Summary
The petitioners, Sartaj and another, filed a criminal miscellaneous writ petition seeking relief from arrest. No counsel appeared for the petitioners, while the State's counsel 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 avoid premature arrest, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. The Court emphasized that the procedural step of taking cognizance is essential before any arrest can be effected on the basis of the charge sheet. Consequently, the writ petition was disposed of after issuing the interim protection order. The decision underscores the Court's role in ensuring that procedural safeguards are observed before enforcement actions such as arrest are undertaken.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer
Subjects
- cognizance
- charge sheet
- arrest
- interim relief
- writ petition
- procedural safeguard
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22096 of 2025
Sartaj @Mohd Sartaj And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhiraj Srivastava
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 petitioners.
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 petitioners 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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