Allahabad High Court
VIKAS SHARMA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance of the police report is taken by the trial court, the petitioners cannot be arrested and the writ petition stands disposed.
Summary
In Criminal Misc. Writ Petition No. 9471 of 2022, the petitioners Vikas Sharma and another sought relief to prevent their 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 it. The High Court noted that, given the existence of an interim order in the writ petition, it could not allow the petitioners to be arrested until cognizance is formally taken on the police report. Consequently, the court directed that no arrest be made against the petitioners pending such cognizance. The writ petition was thereafter disposed of, with the interim protection remaining in force.
Issues considered
- Whether the High Court can issue an order restraining arrest of petitioners pending cognizance of a charge sheet by the trial court
- Whether the writ petition is maintainable when a charge sheet is filed but cognizance is not yet taken
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9471 of 2022
Vikas Sharma And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : U.C. Chaturvedi
Counsel for Respondent(s) : Ajay Kumar Sharma, 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/petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 12, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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