Allahabad High Court
SMT. ARCHNA AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that no arrest shall be made against the petitioners until cognizance is taken on the police report.
Summary
Petitioners Smt. Archna and four others filed a criminal miscellaneous writ petition seeking relief from arrest. The State 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 uncertainty and, considering the interim order already in force, directed that the petitioners could not be arrested until cognizance is formally taken by the concerned court. The writ petition was thereafter disposed of. The order effectively provides temporary protection against arrest pending judicial cognizance of the charge sheet.
Issues considered
- Whether arrest of the petitioners can be effected before the trial court takes cognizance of the charge sheet filed under the Criminal Procedure Code.
- Whether the High Court can issue an interim direction restraining arrest in a writ petition pending clarification of cognizance.
Subjects
- writ petition
- criminal procedure
- cognizance
- arrest
- interim relief
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6601 of 2025
Smt. Archna And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dalvir Singh
Counsel for Respondent(s) : G.A., Hanuman Prasad Mishra
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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