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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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