Created by Fuzzy Cloud

Allahabad High Court

SIKSHA GUPTA AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

Arrest cannot be effected until the court takes cognizance of the police report.

Summary

Petitioners Siksha Gupta and two others filed a criminal miscellaneous writ petition seeking relief from arrest. The State had filed a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted the existence of an interim order in the writ petition and, pending cognizance, directed that the petitioners not be arrested. The Court emphasized that arrest cannot be authorized until the court formally takes cognizance of the charge sheet. Consequently, the writ petition was disposed of with the protective direction remaining in force.

Issues considered

  • Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 28317 of 2025

                                    Siksha Gupta And 2 Others
                                                                                            .....Petitioner(s)
                                                                    Versus

                                    State Of U.P. And 3 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)             :   Aditya Vishal Chaurasia
                                    Counsel for Respondent(s)             :   Dhiraj Singh, 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 an 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 30, 2026
                                    NSC




Digitally signed by :-
NARENDRA SINGH CHAUDHARY
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.