Allahabad High Court
SMT. BEENAversusSTATE 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, Smt. Beena, filed a criminal miscellaneous writ petition seeking relief from potential 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 the police report. The High Court noted the existence of an interim order in the writ petition and, to avoid premature detention, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the procedural requirement of cognizance must be satisfied before any arrest can be effected on the basis of the charge sheet. Consequently, the writ petition was disposed of after issuing the protective direction. The order was pronounced by Hon'ble Judges Siddharth and Vinai Kumar Dwivedi on May 6, 2026.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed against her
Subjects
- arrest
- cognizance
- charge sheet
- criminal procedure
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 649 of 2023
Smt. Beena
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Singh
Counsel for Respondent(s) : G.A., Pramod Kumar Singh, Rajesh
Kumar
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.)
May 6, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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