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Allahabad High Court

MANISHA @ RITAversusSTATE OF UP AND 2 OTHERS

Decided

Holding

The petitioner cannot be arrested until the court takes cognizance of the police report.

Summary

The petitioner, Manisha @ Rita, filed a criminal miscellaneous writ petition seeking relief from arrest. 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 noted the existence of an interim order in the writ petition and, to avoid premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the protection against arrest is conditional upon the pending cognizance. Consequently, the writ petition was disposed of, with the interim protection remaining in force.

Issues considered

  • Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet?
  • Whether the interim order in the writ petition continues to operate pending cognizance?

Subjects

  • cognizance
  • charge sheet
  • arrest
  • writ petition
  • interim relief

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CRIMINAL MISC. WRIT PETITION No. - 940 of 2024

                                    Manisha @ Rita
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of Up And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Anil Kumar Tiwari
                                    Counsel for Respondent(s)                      :   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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