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Allahabad High Court

VIDHU SHEKHAR SHARMAversusSTATE OF UTTAR PRADESH AND 2 OTHERS

Decided

Holding

The petitioner shall not be arrested until cognizance of the police report is taken by the appropriate court.

Summary

The petitioner Vidhu Shekhar Sharma filed a criminal miscellaneous writ petition challenging his potential arrest. The State, represented by the Additional Government Advocate, 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 procedural requirement of cognizance must be satisfied before any arrest can be effected on the basis of the charge sheet. Consequently, the writ petition was disposed of after issuing the protective direction. The decision underscores the necessity of judicial cognizance before enforcement actions such as arrest.

Issues considered

  • Whether cognizance of the charge sheet has been taken by the trial court
  • Whether the petitioner can be arrested before cognizance is recorded

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 6818 of 2025

                                    Vidhu Shekhar Sharma
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of Uttar Pradesh And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)             :   Ramesh Kumar Shukla
                                    Counsel for Respondent(s)             :   Bharat Singh, G.A., K.S. Tiwari

                                    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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