Allahabad High Court
RESHMA AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
Arrest cannot be effected until the trial court has taken cognizance of the charge sheet, and the High Court may stay such arrest in the interim.
Summary
Petitioners Reshma and four others filed a criminal miscellaneous writ petition seeking protection 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 petition and directed that the petitioners could not be arrested until cognizance is formally taken by the concerned court. The Court then disposed of the writ petition. No further substantive orders were made.
Issues considered
- Whether arrest of petitioners is permissible before the trial court takes cognizance of the charge sheet
- Whether the High Court can issue an interim direction staying arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6688 of 2025
Reshma And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Kumar Pandey, Rajesh
Kumar
Counsel for Respondent(s) : G.A., Ram Awtar
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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