Allahabad High Court
RANI AND ANOTHERversusState of UP AND 2 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance is taken on the police report.
Summary
Petitioners Rani and another filed a criminal miscellaneous writ petition seeking relief from arrest. The State, through the A.G.A., informed the Court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The Court noted the existence of an interim order in the writ petition and, to avoid premature arrest, directed that the petitioners not be arrested until cognizance is taken on the police report. No further relief was sought, and the petition was subsequently disposed. The order effectively safeguards the petitioners’ liberty pending procedural clarification.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- criminal procedure
- writ petition
- cognizance
- arrest
- charge sheet
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21742 of 2024
Rani And Another
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Keshav, Sanjeet Kumar Yadav
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.
April 23, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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