Allahabad High Court
PAWAN SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that until cognizance of the charge sheet is taken, the petitioner cannot be arrested and the writ petition stands disposed.
Summary
Pawan Singh filed a criminal miscellaneous writ petition seeking relief from a possible arrest. The State of U.P. submitted a charge sheet, but the court was uncertain whether cognizance of the charge sheet had been taken by the trial court. Relying on the existence of an interim order in the writ petition, the High Court directed that the petitioner could not be arrested until cognizance is formally taken on the police report. The court emphasized that the procedural requirement of cognizance must be satisfied before any arrest can be effected. Consequently, the writ petition was disposed of with the direction to refrain from arrest pending cognizance.
Issues considered
- Whether the High Court can prohibit the arrest of a petitioner pending cognizance of a charge sheet filed by the investigating officer
- Whether an interim order in a writ petition remains effective until cognizance is taken by the trial court
Subjects
- cognizance
- charge sheet
- writ petition
- arrest
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21906 of 2025
Pawan Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhand Pratap Singh, Shobhit Yadav
Counsel for Respondent(s) : G.A., Shiv Kumar
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 shall not be
arrested.
4. The writ petition stands disposed of.
April 23, 2026
Abhishek
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad
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