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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