Allahabad High Court
SHAIMUN NISHAversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that until cognizance of the police report is taken by the trial court, the petitioner shall not be arrested.
Summary
Shaimun Nisha filed a criminal miscellaneous writ petition seeking relief 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 writ petition and, to prevent any premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. No substantive hearing on the merits was conducted. Consequently, the writ petition was disposed of with the interim protection remaining in force.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
- Whether the High Court can issue an order restraining arrest pending cognizance
Subjects
- writ petition
- cognizance
- charge sheet
- interim relief
- arrest
- criminal procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7710 of 2025
Shaimun Nisha
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aashirwad Mishra, Sanjay Kumar
Mishra
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 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
Checking your session…