Allahabad High Court
ZAID AHMAD AND 2 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the charge sheet is taken by the trial court.
Summary
The petitioners, Zaid Ahmad and two others, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, indicated 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 of the police report is taken by the concerned court. No further arguments were presented as no counsel appeared for the petitioners. Consequently, the writ petition was disposed of with the protective direction in place.
Issues considered
- Whether the petitioners can be lawfully arrested before the trial court takes cognizance of the charge sheet
- Whether the High Court can issue an order restraining arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22126 of 2025
Zaid Ahmad And 2 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Padmaker Pandey, Rakesh Kumar
Shukla
Counsel for Respondent(s) : G.A., Narendra Singh
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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