Allahabad High Court
SMT. ARTI @ SHIVANI AND 5 OTHERSversusSTATE OF U P AND 2 OTHERS
- Decided
Holding
Arrest of the petitioners is prohibited until the trial court takes cognizance of the charge sheet.
Summary
The petitioners, Smt. Arti @ Shivani and five others, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, indicated 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 not be arrested until cognizance is formally taken by the concerned court. The Court disposed of the writ petition on this basis, without addressing any substantive merits of the underlying criminal case. Consequently, the petitioners remain protected from arrest pending cognizance, and the writ petition is closed.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9311 of 2022
Smt. Arti @ Shivani And 5 Others
.....Petitioner(s)
Versus
State Of U P And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : S.P.S. Chauhan, Smt. Meenakshi
Chauhan
Counsel for Respondent(s) : Atul Sharma, 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 12, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
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