Allahabad High Court
AASAMAversusSTATE 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 trial court.
Summary
A writ petition (Criminal Misc. Writ Petition No. 165 of 2023) was filed by Aasama seeking relief against potential arrest. The State of U.P. and three others responded that a charge sheet had been filed, but it was unclear whether the trial court had taken cognizance of the police report. The petitioners did not appear before the High Court. The Court noted the existence of an interim order in the writ petition and, given the uncertainty about cognizance, directed that the petitioners shall not be arrested until cognizance is taken by the concerned court. Consequently, the writ petition was disposed of.
Issues considered
- What is the appropriate course of action regarding the arrest of the petitioner before the trial court takes cognizance of the charge sheet?
Subjects
- writ petition
- cognizance
- charge sheet
- arrest
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 165 of 2023
Aasama
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devesh Vikram
Counsel for Respondent(s) : G.A., Pushpraj Yadav
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list. None responds on behalf of the petitioner.
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.
May 7, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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