Allahabad High Court
RAMA SHANKAR CHAUDHARYversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioner cannot be arrested until cognizance of the charge sheet is taken by the competent court.
Summary
Rama Shankar Chaudhary filed a criminal miscellaneous writ petition seeking protection from arrest. The State had filed a charge sheet, but the court was uncertain whether cognizance of the charge sheet had been taken. The petitioners' counsel did not appear, while the State's counsel indicated the charge sheet was filed. The court, noting the interim order in the writ petition, directed that the petitioner shall not be arrested until cognizance is taken on the police report by the concerned court. Consequently, the writ petition was disposed of.
Issues considered
- What is the effect of the lack of cognizance of a charge sheet on the legality of arrest of the petitioner?
Subjects
- writ petition
- cognizance
- charge sheet
- arrest
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 79 of 2023
Rama Shankar Chaudhary
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devesh Vikram
Counsel for Respondent(s) : Ajay Kumar Srivastava, G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list. None responds 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/petitioners shall not
be arrested.
4. The writ petition stands disposed of.
May 7, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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