Allahabad High Court
VAISHNAVI AND ANOTHERversusState of UP AND 3 OTHERS
- Decided
Holding
The Court held that until cognizance of the charge sheet is taken, the petitioners cannot be arrested.
Summary
Vaishnavi and another filed a criminal miscellaneous writ petition before the Allahabad High Court seeking protection from arrest. The State had already filed a charge sheet, but it was uncertain whether the trial court had taken cognizance of the police report. The High Court observed that an interim order was operating in the petition and directed that the petitioners shall not be arrested until cognizance is formally taken by the concerned court. The Court therefore disposed of the writ petition, maintaining the interim protection. The order was signed by the judges on 20 April 2026.
Issues considered
- Whether the High Court can direct that petitioners not be arrested pending cognizance of a charge sheet
- Whether the existence of an interim order suffices to stay arrest in a criminal writ petition
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18544 of 2024
Vaishnavi And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vikram Singh
Counsel for Respondent(s) : Anita Singh, G.A., Prem Babu Verma
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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