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Allahabad High Court

HOTI LALversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court ordered that the petitioner shall not be arrested until cognizance is taken on the police report.

Summary

Hoti Lal filed a criminal miscellaneous writ petition challenging his potential arrest. The State's Advocate informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. Since the cognizance status was uncertain and an interim order was already in force, the High Court directed that the petitioner not be arrested until cognizance is formally taken on the police report. The court then disposed of the writ petition. The order was signed by Judges Satya Veer Singh and Siddharth.

Issues considered

  • Whether the court can prohibit the arrest of the petitioner pending the taking of cognizance of the charge sheet

Subjects

  • criminal procedure
  • cognizance
  • charge sheet
  • interim order
  • arrest
  • writ petition

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               CRIMINAL MISC. WRIT PETITION No. - 18831 of 2022

                                    Hoti Lal
                                                                                                      .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 2 Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)             :    Radhey Shyam Shukla, Vipul Shukla
                                    Counsel for Respondent(s)             :    G.A., Sudhir Kumar Tiwari

                                    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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