Allahabad High Court
AZEEM ZAKI AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest, but did not appear before the court. The Attorney General for the State informed the court that a charge sheet had been filed, though 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 prevent premature detention, 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 must precede any arrest in a criminal case. Consequently, the writ petition was disposed of after issuing the non‑arrest direction. The decision underscores the principle that arrest cannot be effected before the court has taken cognizance of the charge sheet.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
- Whether the High Court can issue a direction to prevent arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7744 of 2025
Azeem Zaki And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashvni Mishra, Ved Prakash Pathak
Counsel for Respondent(s) : G.A., Syed Abbas Shaukat Abidi
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.)
May 7, 2026
Ruchi Agrahari
Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad
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