Allahabad High Court
SONU SHARMAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
Arrest cannot be effected until the court takes cognizance of the police report/charge sheet.
Summary
Petitioner Sonu Sharma filed a criminal miscellaneous writ petition challenging the prospect of his 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 the uncertainty regarding cognizance and, considering the interim order already in place, directed that the petitioner shall not be arrested until cognizance is formally taken on the police report. The court emphasized the procedural requirement that arrest cannot proceed without the court’s cognizance of the charge sheet. Consequently, the writ petition was disposed of after granting the interim protection. The decision underscores the necessity of judicial cognizance before enforcement of arrest in pending criminal matters.
Issues considered
- Whether an arrest can be effected before the trial court takes cognizance of the charge sheet filed by the investigating officer
- Whether the High Court can issue an interim direction restraining arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9575 of 2023
Sonu Sharma
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dinesh Kumar
Counsel for Respondent(s) : G.A., Pankaj Kumar Tripathi
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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