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Allahabad High Court

GAYATRI DEVI AND 5 OTHERSversusSTATE OF U P AND 2 OTHERS

Decided

Holding

Arrest of the petitioners is prohibited until the trial court takes cognizance of the charge sheet.

Summary

The petitioners, Gayatri Devi and five others, filed a criminal miscellaneous writ petition seeking relief from potential 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 Court noted that an interim order was already in force in the writ petition. To avoid premature arrest, the Court directed that the petitioners could not be arrested until the concerned court formally takes cognizance of the charge sheet. Consequently, the writ petition was disposed of without further orders. The decision hinged on the procedural requirement that cognizance must be established before arrest can be effected under the pending charge sheet.

Issues considered

  • The trial court has taken cognizance of the charge sheet filed by the investigating officer.
  • Whether the petitioners can be arrested before cognizance is taken, despite the interim order in the writ petition.

Subjects

  • criminal procedure
  • cognizance
  • charge sheet
  • arrest
  • writ petition
  • interim order

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 9652 of 2022

                                    Gayatri Devi And 5 Others
                                                                                                 .....Petitioner(s)
                                                                          Versus

                                    State Of U P And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)        : Sanjay Singh
                                    Counsel for Respondent(s)        : G.A., Gaurav Sharma, Ram Prakash
                                                                       Dwivedi

                                    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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