Allahabad High Court
SMT. NAVITA SRIVASTAVAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioner shall not be arrested.
Summary
Smt. Navita Srivastava filed a criminal miscellaneous writ petition challenging the possibility of her arrest. The State of Uttar Pradesh submitted that a charge sheet had already been filed, but it was unclear whether the trial court had taken cognizance of it. The High Court noted the uncertainty regarding cognizance and, considering the interim order already in force, directed that the petitioner not be arrested until cognizance is formally taken on the police report. No further substantive hearing was conducted. Consequently, the writ petition was disposed of.
Issues considered
- Whether cognizance of the charge sheet filed by the investigating officer has been taken by the trial court
- Whether the petitioner can be arrested before cognizance is taken
Subjects
- criminal procedure
- charge sheet
- cognizance
- interim order
- arrest
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7893 of 2023
Smt. Navita Srivastava
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar Agrahari, Ashutosh
Kumar Srivastava, Avanish Kumar
Srivastava, Kushagra Srivastava, Manoj
Srivastava, Saumya Srivastava
Counsel for Respondent(s) : Anil Kumar Pathak, 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/petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 7, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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