Allahabad High Court
SMT. ROSHANI AND ANOTHERversusSTATE OF U P AND 3 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance of the charge sheet is taken by the court concerned.
Summary
Petitioners Smt. Roshani and another filed a criminal miscellaneous writ petition seeking protection from arrest. The State 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, noting the existence of an interim order in the writ petition, directed that the petitioners could not be arrested until cognizance of the charge sheet is taken by the concerned court. Consequently, the writ petition was disposed. No substantive merits of the underlying criminal case were addressed.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed against them
Subjects
- writ petition
- criminal miscellaneous
- cognizance
- charge sheet
- interim relief
- arrest
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 951 of 2023
Smt. Roshani And Another
.....Petitioner(s)
Versus
State Of U P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravi Shankar Yadav
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 petitioners shall not be arrested.
4. The writ petition stands disposed of.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 12, 2026
Shubham
Digitally signed by :-
SHUBHAM KUMAR AGRAHARI
High Court of Judicature at Allahabad
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