Allahabad High Court
NISHA YADAV AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the charge sheet is taken by the court, and the writ petition is disposed.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking protection from arrest. The State 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. Since the charge sheet existed and the status of cognizance was uncertain, the High Court, noting an interim order already in force, directed that the petitioners could not be arrested until cognizance is formally taken by the concerned court. The writ petition was consequently disposed of. No substantive merits of the underlying criminal case were addressed.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- interim relief
- arrest
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7719 of 2025
Nisha Yadav And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Singh, Swatantra Singh
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 petitioners 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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