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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