Allahabad High Court
TAUFIQ AHMAD @ SAJID AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
Petitioners Taufiq Ahmad and another filed a criminal miscellaneous writ petition challenging their potential arrest. The State of Uttar Pradesh and two others responded, and the Attorney General 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 the uncertainty about cognizance. It directed that the petitioners could not be arrested until the court of jurisdiction takes cognizance of the police report. Consequently, the writ petition was disposed of.
Issues considered
- Whether cognizance of the charge sheet filed by the investigating officer has been taken by the trial court
- Whether the petitioners may be arrested before cognizance is taken
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6486 of 2023
Taufiq Ahmad @ Sajid And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shashank Tripathi
Counsel for Respondent(s) : G.A., Praveen Mishra
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.)
May 6, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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