Allahabad High Court
SMT SANGEETA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
Smt Sangeeta and another filed a criminal miscellaneous writ petition seeking protection from arrest. The State of U.P. submitted that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The petitioners argued that without cognizance they should not be detained. The High Court noted the existence of an interim order in the writ petition and, to avoid premature arrest, directed that the petitioners not be arrested until cognizance is taken on the police report. Accordingly, the court disposed of the writ petition, leaving the matter to be decided by the trial court on cognizance.
Issues considered
- Whether a writ court can prohibit arrest of petitioners pending cognizance of a charge sheet
- Whether interim relief is appropriate when the status of cognizance is uncertain
Subjects
- cognizance
- charge sheet
- writ petition
- interim order
- arrest
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 14769 of 2025
Smt Sangeeta And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Om Prakash Yadav
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE SATYA VEER SINGH, 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 petitioners shall not be
arrested.
4. The writ petition stands disposed of.
April 20, 2026
Abhishek
(Satya Veer Singh,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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