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
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