Allahabad High Court
KM SONALI AND ANOTHERversusState of UP AND 3 OTHERS
- Decided
Holding
The Court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
The petitioners, Km Sonali and another, 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 noted that an interim order was already in force in the writ petition. To prevent any premature arrest, the Court directed that the petitioners could not be arrested until the concerned court takes cognizance of the police report. Consequently, the writ petition was disposed of after granting the interim protection.
Issues considered
- Whether the High Court can restrain the arrest of petitioners pending cognizance of the charge sheet by the trial court
- Whether the existence of a filed charge sheet without clear cognizance justifies interim relief against arrest
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22156 of 2024
Km Sonali And Another
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : S Sengar
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.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
April 23, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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