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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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