Created by Fuzzy Cloud

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.