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Allahabad High Court

ROHIT SHARMA @ ROHIT KUMARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

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

Summary

The petitioner, Rohit Sharma, filed a criminal miscellaneous writ petition challenging his potential arrest. The State of U.P. submitted that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted the existence of an interim order in the writ petition and, in the absence of a clear cognizance, directed that the petitioner not be arrested until cognizance is taken on the police report. No further arguments were presented as no counsel appeared for the petitioner. Consequently, the court disposed of the writ petition, maintaining the interim protection against arrest. The decision underscores the procedural requirement of cognizance before an arrest can be effected in a pending criminal case.

Issues considered

  • Whether the trial court has taken cognizance of the charge sheet filed against the petitioner.
  • Whether the petitioner can be lawfully arrested before cognizance is taken, given the interim order in the writ petition.

Subjects

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

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CRIMINAL MISC. WRIT PETITION No. - 22004 of 2025

                                    Rohit Sharma @ Rohit Kumar
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 3 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)           : Gaytri Rajput, Indra Pal Singh Rajpoot
                                    Counsel for Respondent(s)           : G.A.

                                    Court No. - 44
                                                         HON'BLE SIDDHARTH, J.
                                                         HON'BLE VINAI KUMAR DWIVEDI, J.

                                    1. Case is called out. No one appears 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 shall not be arrested.

                                    4. The writ petition stands disposed of.



                                                                       (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    April 23, 2026
                                    Ruchi Agrahari




Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad


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