Allahabad High Court
MOHD. FAHIMversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioner shall not be arrested until the court concerned takes cognizance of the police report.
Summary
The petitioner, Mohd. Fahim, 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 uncertainty regarding cognizance and, considering the interim order already in place, directed that the petitioner could not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the protection against arrest is contingent upon the procedural step of taking cognizance. Consequently, the writ petition was disposed of after issuing the interim direction. The decision underscores the requirement of judicial cognizance before an arrest can be effected under a pending charge sheet.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
- Whether the High Court can issue an interim direction restraining arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9350 of 2023
Mohd. Fahim
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Vishwakarma, Ramesh
Kumar Ojha, Vishnu Kant Ojha
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 shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 12, 2026
Shubham
Digitally signed by :-
SHUBHAM KUMAR AGRAHARI
High Court of Judicature at Allahabad
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