Allahabad High Court
SMT. MAYA TIWARI AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the charge sheet is taken by the concerned court.
Summary
The petitioners, Smt. Maya Tiwari and six others, filed a criminal miscellaneous writ petition seeking protection from arrest. The State, represented by the Advocate General, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted the existence of an interim order in the writ petition and, given the uncertainty about cognizance, directed that the petitioners not be arrested until cognizance is taken on the police report. The court then disposed of the writ petition. No further substantive orders were made beyond the interim protection.
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. - 6891 of 2023
Smt. Maya Tiwari And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Narendra Deo Upadhyay, Vinay
Bhushan Upadhyay
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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