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Allahabad High Court

SMT. MEENAversusSTATE OF U.P. AND 9 OTHERS

Decided

Holding

The court held that the petitioner shall not be arrested until cognizance of the charge sheet is taken by the appropriate court.

Summary

The petitioner, Smt. Meena, filed a criminal miscellaneous writ petition seeking relief from potential arrest. The State, represented by the Additional Government Advocate, indicated 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 noted the existence of an interim order in the writ petition and, to prevent any premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. No substantive hearing on the merits was conducted. Consequently, the writ petition was disposed of, with the protective direction remaining in force.

Issues considered

  • Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.

Subjects

  • arrest
  • cognizance
  • charge sheet
  • criminal procedure
  • writ petition
  • interim order

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CRIMINAL MISC. WRIT PETITION No. - 21706 of 2025

                                    Smt. Meena
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U.P. And 9 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)             :   Jainendra Kumar Pandey
                                    Counsel for Respondent(s)             :   G.A., Onkar Singh, Sachin Malik

                                    Court No. - 44
                                                       HON'BLE SIDDHARTH, J.
                                                       HON'BLE VINAI KUMAR DWIVEDI, 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.




                                                                     (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    April 23, 2026
                                    Atul K. Sri.




Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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