Allahabad High Court
REHANA KHATUN AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance of the charge sheet is taken, the petitioners cannot be arrested and the writ petition stands disposed.
Summary
Petitioners Rehana Khatun and three others filed a criminal miscellaneous writ petition seeking relief from arrest. No counsel appeared on behalf of the petitioners. The State, represented by the Additional Government Advocate, 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 petitioners shall not be arrested until cognizance is formally taken by the concerned court. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can issue an order restraining arrest of petitioners pending cognizance of the charge sheet
- Whether the existence of an interim order in the writ petition affects the liberty of the petitioners
Subjects
- cognizance
- charge sheet
- writ petition
- interim order
- arrest
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7859 of 2025
Rehana Khatun And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rahul Mishra, Uday Pratap
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case is called out. No one appears on behalf of the petitioners.
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.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 7, 2026
Ruchi Agrahari
Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad
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