Allahabad High Court
SHEELA SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the petitioner shall not be arrested until cognizance of the police report is taken by the concerned court.
Summary
The petitioner, Sheela Singh, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, 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, noting the existence of an interim order in the writ petition, directed that the petitioner shall not be arrested until cognizance of the police report is taken by the concerned court. No further substantive hearing on the merits was conducted. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- criminal procedure
- arrest
- cognizance
- charge sheet
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21907 of 2025
Sheela Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raunak Tiwari, Vivek Kumar Singh
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
Checking your session…