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Allahabad High Court

JYOTI AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petitioners shall not be arrested until cognizance is taken on the police report.

Summary

Petitioners Jyoti and another filed a criminal miscellaneous writ petition seeking relief from 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 it. The High Court noted that, pending clarification on cognizance, the interim order in the writ petition would remain in force. Consequently, the court directed that the petitioners not be arrested until cognizance is taken on the police report. The writ petition was thereafter disposed of.

Issues considered

  • Whether the petitioners can be arrested before the court takes cognizance of the charge sheet filed under the Criminal Procedure Code.

Subjects

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

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 CRIMINAL MISC. WRIT PETITION No. - 21899 of 2025

                                    Jyoti And Another
                                                                                                              .....Petitioner(s)
                                                                               Versus
                                    State Of U.P. And 2 Others
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                             :     Amit Kumar Shukla
                                    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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