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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