Allahabad High Court
HEMANT KUMARI AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
No arrest shall be effected against the petitioners until the court takes cognizance of the charge sheet.
Summary
The petitioners, Hemant Kumari and five others, filed a criminal miscellaneous writ petition seeking protection from arrest. The State had filed a charge sheet, but it was unclear whether the trial court had taken cognizance of the police report. An interim order was already in operation in the writ petition. The High Court held that until cognizance is formally taken by the concerned court, the petitioners cannot be arrested. Accordingly, the writ petition was disposed of with the direction that no arrest shall be made pending cognizance.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7828 of 2022
Hemant Kumari And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Yadav
Counsel for Respondent(s) : G.A., Sanjay Agarwal
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case called out in revised list. None responds on behalf of the petitioner.
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.
May 7, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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