Allahabad High Court
RAJESH PANDEYversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petitioner shall not be arrested until cognizance of the police report is taken by the trial court.
Summary
The petitioner, Rajesh Pandey, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Additional Government Advocate, indicated 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 petitioner not be arrested until cognizance is taken by the concerned court. No substantive merits of the underlying criminal case were addressed. 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.
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 1889 of 2023
Rajesh Pandey
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brijesh Kumar Pandey
Counsel for Respondent(s) : Anil Kant Tripathi, G.A., Narendra Kumar
Pandey, Praveen Kumar
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.
April 20, 2026
Kpy
(Satya Veer Singh,J.) (Siddharth,J.)
Digitally signed by :-
KAVLESHWAR PRASAD YADAV
High Court of Judicature at Allahabad
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