Allahabad High Court
BHOLE VERMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioner shall not be arrested until the trial court takes cognizance of the police report.
Summary
The petitioner, Bhole Verma, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Attorney General, 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 the existence of an interim order in the writ petition and, to avoid premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the petitioner's liberty could not be curtailed without clear jurisdictional basis. Consequently, the writ petition was disposed of, with the interim protection remaining in force pending cognizance.
Issues considered
- What is the appropriate course of action when a charge sheet is filed but cognizance by the trial court is uncertain?
- Whether the petitioner can be arrested before the court takes cognizance of the police report?
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18897 of 2025
Bhole Verma
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Renu Sharma
Counsel for Respondent(s) : G.A.
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.
(Satya Veer Singh,J.) (Siddharth,J.)
April 20, 2026
sailesh
Digitally signed by :-
SAILESH PRAJAPATI
High Court of Judicature at Allahabad
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