Allahabad High Court
SHIV PRASAD VERMA @ BHASKAR VERMA @ RAM PIYARE VERMA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
Till cognizance of the police report is taken, the petitioners shall not be arrested.
Summary
The petitioners sought relief against potential arrest in a criminal case where a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The State, represented by the Additional Government Advocate, confirmed the filing of the charge sheet but could not ascertain cognizance. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. No further substantive hearing on the merits was conducted. Consequently, the writ petition was disposed of.
Issues considered
- Whether cognizance of the charge sheet has been taken by the trial court
- Whether the petitioners can be arrested pending such cognizance
Subjects
- writ petition
- cognizance
- charge sheet
- arrest
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 12129 of 2023
Shiv Prasad Verma @ Bhaskar Verma @ Ram Piyare
Verma And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : B.S. Pandey, Kartikey Pandey
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. None responds on behalf of the petitioner.
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.
May 18, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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