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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