Allahabad High Court
SMT VINITA KUMARI AND ANOTHERversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the charge sheet is taken by the court concerned.
Summary
Petitioners Vinita Kumari and another filed a criminal miscellaneous writ petition seeking relief from possible arrest. The State's counsel 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 taken by the concerned court. The court then disposed of the writ petition. No substantive merits of the underlying criminal case were addressed.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the police.
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- interim relief
- arrest
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21893 of 2025
Smt Vinita Kumari And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Pathak
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 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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