Allahabad High Court
USHA DEVIversusState of UP AND 3 OTHERS
- Decided
Holding
Till cognizance is taken on the police report, the petitioner shall not be arrested.
Summary
Usha Devi filed a criminal miscellaneous writ petition challenging her potential arrest. The State informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted the uncertainty regarding cognizance and, considering the interim order already in force, directed that the petitioner not be arrested until cognizance of the police report is taken by the concerned court. No further relief was granted and the writ petition was disposed. The order was pronounced by Hon'ble Judges Siddharth and Satya Veer Singh on 20 April 2026.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
- Whether the High Court can issue an interim direction to restrain arrest pending cognizance
Subjects
- criminal procedure
- cognizance
- charge sheet
- interim order
- arrest
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18651 of 2024
Usha Devi
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ritesh Singh, Suresh Singh
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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