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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