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Allahabad High Court

SMT PREETY DEVIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court ordered that the petitioner shall not be arrested until cognizance is taken on the police report.

Summary

Smt. Preety Devi filed a criminal miscellaneous writ petition seeking relief from arrest. The State counsel 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, noting the existence of an interim order in the writ petition, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. No further substantive order on the merits was made. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the petitioner can be protected from arrest pending the taking of cognizance of the charge sheet
  • Whether the court can issue an interim direction in the absence of a clear finding on cognizance

Subjects

  • criminal procedure
  • cognizance
  • charge sheet
  • interim order
  • arrest
  • writ petition
  • High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 7599 of 2023

                                    Smt Preety Devi
                                                                                                   .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)         : Deepak Kumar Dubey, Yadavendra
                                                                        Dwivedi
                                    Counsel for Respondent(s)         : Dharmendra Pratap Singh, 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 shall not be arrested.

                                    4. The writ petition stands disposed of.

                                    May 7, 2026
                                    Rohit
                                                                      (Vinai Kumar Dwivedi,J.) (Siddharth,J.)




Digitally signed by :-
ROHIT DAS
High Court of Judicature at Allahabad


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