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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