Allahabad High Court
SONI SAVITA AND 3 OTHERSversusState of UP AND 3 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the charge sheet is taken by the concerned court.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking relief from potential arrest. The State, represented by the Attorney General, informed the Court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The Court noted that, despite the filing of the charge sheet, the status of cognizance remained uncertain. Consequently, the Court issued an interim direction that the petitioners could not be arrested until cognizance of the charge sheet is taken by the appropriate court. The writ petition was thereafter disposed of.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- arrest
- cognizance
- charge sheet
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18537 of 2024
Soni Savita And 3 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arun Kumar Singh, Mohammad
Khalid, Sanjay Kumar Tiwari
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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