Allahabad High Court
SMT.RUKSANA AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court held that until cognizance of the charge sheet is taken by the trial court, the petitioners shall not be arrested.
Summary
Petitioners Smt. Ruksana and three others 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 uncertainty regarding cognizance and, considering the interim order already in force, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. The court emphasized that the direction is only interim and does not affect the pending criminal proceedings. Consequently, the writ petition was disposed of. The order was pronounced by Hon'ble Judges Siddharth and Vinai Kumar Dwivedi on May 12, 2026.
Issues considered
- Whether the High Court can issue an interim direction to prevent arrest of petitioners pending the taking of cognizance of the charge sheet by the trial court
Subjects
- cognizance
- charge sheet
- arrest
- interim relief
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9549 of 2023
Smt.Ruksana And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhas Sharma, Rajesh Kumar Sharma
Counsel for Respondent(s) : Atul Kumar Tiwari, 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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