Allahabad High Court
PRIYANKAversusSTATE OF U.P. AND 3 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, Priyanka, 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 the uncertainty about cognizance. It directed that the petitioner could not be arrested until the concerned court formally takes cognizance of the charge sheet. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the police report and charge sheet?
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6621 of 2022
Priyanka
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anand Pati Tiwari
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.)
May 6, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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