Allahabad High Court
PRASHANT KUMAR PANDEY AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
No arrest shall be effected against the petitioners until the trial court takes cognizance of the charge sheet.
Summary
Petitioners Prashant Kumar Pandey and four 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 existence of an interim order in the writ petition and, given the uncertainty about cognizance, directed that the petitioners not be arrested until the trial court formally takes cognizance of the charge sheet. The Court emphasized that the protection against arrest is to remain in force pending that judicial step. Consequently, the writ petition was disposed of.
Issues considered
- Whether the trial court has taken cognizance of the charge sheet filed against the petitioners
- Whether the petitioners can be arrested in the absence of such cognizance
Subjects
- cognizance
- charge sheet
- arrest
- interim relief
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18826 of 2025
Prashant Kumar Pandey And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shashi Kant Dwivedi
Counsel for Respondent(s) : Aditya Upadhyay, Ambrish Pandey,
G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE SATYA VEER SINGH, 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.
(Satya Veer Singh,J.) (Siddharth,J.)
April 20, 2026
sailesh
Digitally signed by :-
SAILESH PRAJAPATI
High Court of Judicature at Allahabad
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