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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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