Allahabad High Court
RAUMAN SUHAIL SAIFI ALIAS PASHA AND 9 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
Arrest of the petitioners is prohibited until the court concerned takes cognizance of the police report.
Summary
The petitioners, Rauman Suhail Saifi and nine others, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Attorney General, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The High 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, with the interim protection remaining in force pending cognizance.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7516 of 2025
Rauman Suhail Saifi Alias Pasha And 9 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Syed Shahnawaz Shah
Counsel for Respondent(s) : 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 7, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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