Allahabad High Court
SMT SHIVANI GUPTA @ SUNITA GUPTA AND ANOTHERversusState of UP AND 3 OTHERS
- Decided
Holding
The Court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
Petitioners Smt Shivani Gupta and another filed a criminal miscellaneous writ petition seeking protection from arrest. The State had filed a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. 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 formally taken by the concerned court. The Court emphasized that the procedural step of taking cognizance must precede any arrest on the basis of the charge sheet. Consequently, the writ petition was disposed of after issuing the protective direction. The decision underscores the requirement of judicial cognizance before enforcement actions such as arrest can be lawfully executed.
Issues considered
- Whether the High Court can restrain the arrest of petitioners pending the taking of cognizance of the charge sheet by the trial court
- Whether the existence of an interim order in the writ petition justifies a direction to stay arrest until cognizance is taken
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim relief
- Criminal Procedure Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18530 of 2024
Smt Shivani Gupta @ Sunita Gupta And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravi Prakash Singh, Shivam Kumar
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 petitioner/petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Satya Veer Singh,J.) (Siddharth,J.)
April 20, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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