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Allahabad High Court

SHARIF AHMAD AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

Arrest cannot be effected until cognizance of the police report is taken by the court.

Summary

The petitioners, Sharif Ahmad and five others, filed a criminal miscellaneous writ petition seeking relief from potential arrest. The State, represented by the Additional Government Advocate, informed the Court that a charge sheet had been filed but it was uncertain whether the trial court had taken cognizance of the police report. The Court observed that an interim order was already operating in the writ petition. To prevent unlawful detention, the Court directed that the petitioners shall not be arrested until cognizance is formally taken by the concerned court. Accordingly, the writ petition was disposed of.

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
  • writ petition
  • interim order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 6743 of 2025

                                    Sharif Ahmad And 5 Others
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)             :   Satyam Narayan
                                    Counsel for Respondent(s)             :   Ravindra Kumar Srivastava, G.A.

                                    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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