Allahabad High Court
SHIVAM SAHANI AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that until cognizance of the police report is taken, the petitioners cannot be arrested.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking relief from arrest. The State's Additional Government Advocate 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 that, while the charge sheet existed, cognizance was a prerequisite for proceeding against the petitioners. To protect the petitioners' liberty, the Court issued an interim direction that no arrest could be made until the concerned court takes cognizance of the police report. Consequently, the writ petition was disposed of, with the interim order remaining in force.
Issues considered
- What is the appropriate interim relief when a charge sheet is filed but cognizance by the trial court has not been taken?
Subjects
- criminal procedure
- cognizance
- charge sheet
- interim relief
- writ petition
- arrest
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18505 of 2022
Shivam Sahani And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devendra Kumar Mishra, Prashant Mishra,
Ravi Kant Verma, Sarveshwari Prasad
Counsel for Respondent(s) : Bhriguram Ji, G.A., Shivam Dubey
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE SATYA VEER SINGH, 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.
April 20, 2026
Kpy
(Satya Veer Singh,J.) (Siddharth,J.)
Digitally signed by :-
KAVLESHWAR PRASAD YADAV
High Court of Judicature at Allahabad
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