Allahabad High Court
BIHARI LAL SHARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the petitioner shall not be arrested until cognizance of the charge sheet is taken by the concerned court.
Summary
Bihari Lal Sharma filed a criminal miscellaneous writ petition challenging his potential arrest. The State of Uttar Pradesh 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, given the uncertainty about cognizance, directed that the petitioner not be arrested until the court formally takes cognizance of the police report. The court then disposed of the writ petition. No further orders were made.
Issues considered
- Whether the petitioner can be arrested before the court takes cognizance of the charge sheet filed under the Criminal Procedure Code.
Subjects
- arrest
- cognizance
- charge sheet
- writ petition
- criminal procedure
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9393 of 2023
Bihari Lal Sharma
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Mishra, Shivesh Mishra
Counsel for Respondent(s) : Darwari Lal, 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 shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 12, 2026
Shubham
Digitally signed by :-
SHUBHAM KUMAR AGRAHARI
High Court of Judicature at Allahabad
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