Allahabad High Court
SANJAY RAMversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that the petitioner shall not be arrested until cognizance of the charge sheet is taken by the appropriate court.
Summary
The petitioner, Sanjay Ram, filed a criminal miscellaneous writ petition challenging his potential arrest. The State of U.P. and two others responded, and 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 that, given the existence of an interim order in the writ petition, it could not determine the cognizance status. Consequently, the Court directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. The writ petition was thereafter disposed of.
Issues considered
- Whether the petitioner can be arrested when a charge sheet has been filed but cognizance by the trial court is uncertain
- Whether the High Court can issue an interim direction to restrain arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6803 of 2023
Sanjay Ram
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Manohar Kashyap
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, 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.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 6, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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