Allahabad High Court
USHA DEVI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court ordered that the petitioners shall not be arrested until cognizance of the police report is taken by the appropriate court.
Summary
Usha Devi and another filed a criminal miscellaneous writ petition before the Allahabad High Court seeking relief against 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 Court noted the uncertainty and, considering the interim order already in force, directed that the petitioners shall not be arrested until cognizance is formally taken by the concerned court. No further substantive order was made. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can issue an interim direction to prevent arrest of petitioners pending the taking of cognizance of the charge sheet
- Whether cognizance of the charge sheet has been taken by the trial court
Subjects
- criminal procedure
- cognizance
- charge sheet
- interim relief
- arrest
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21720 of 2025
Usha Devi And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raman Pandey
Counsel for Respondent(s) : G.A.
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
Checking your session…