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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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