Allahabad High Court
VIDYA AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
Till cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
Vidya and two others filed a criminal miscellaneous writ petition challenging their 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 the police report. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. No further substantive order was made on the merits of the petition. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can issue an order preventing arrest of petitioners pending cognizance of the charge sheet by the trial court
- Whether cognizance of the charge sheet has been taken by the court of jurisdiction
Subjects
- writ petition
- criminal miscellaneous
- cognizance
- charge sheet
- interim order
- arrest
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18694 of 2025
Vidya And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sikandar Khan
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
sailesh
Digitally signed by :-
SAILESH PRAJAPATI
High Court of Judicature at Allahabad
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