Allahabad High Court
SMT. POOJAversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
No arrest shall be effected against the petitioner until the court takes cognizance of the police report.
Summary
Smt. Pooja filed a criminal miscellaneous writ petition seeking protection from arrest. The State of Uttar Pradesh and three others submitted that a charge sheet had already 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 petition and, to avoid premature detention, directed that the petitioner could not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the procedural step of taking cognizance must precede any arrest based on the pending charge sheet. Consequently, the writ petition was disposed of, with the interim protection remaining in force.
Issues considered
- What is the effect of filing a charge sheet when cognizance has not yet been taken by the trial court?
- Can the petitioner be arrested before the court takes cognizance of the police report?
Subjects
- cognizance
- charge sheet
- arrest
- interim relief
- writ petition
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7560 of 2025
Smt. Pooja
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Puneet Srivastava
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 7, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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