Allahabad High Court
MEETA YADAV 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 shall not be arrested.
Summary
Petitioners Meeta Yadav and three others filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Advocate General, informed the Court that a charge sheet had 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 petitioners not be arrested until cognizance is formally taken on the police report. The Court then disposed of the writ petition. No further substantive orders were made.
Issues considered
- Whether the High Court can direct that the petitioners not be arrested pending the taking of cognizance of the charge sheet
- Whether the writ petition should be disposed of in view of the pending cognizance
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- interim order
- arrest
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9397 of 2023
Meeta Yadav And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Saurabh Kumar Pandey
Counsel for Respondent(s) : Anand Kr Srivastava, 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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