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Allahabad High Court

SANSKAR PANDEYversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the petitioner shall not be arrested until cognizance of the police report is taken by the appropriate court.

Summary

The petitioner, Sanskar Pandey, filed a criminal miscellaneous writ petition seeking relief from arrest. The State of U.P. and three others responded, and the Attorney General indicated that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of it. The High Court noted the existence of an interim order in the writ petition and the uncertainty about cognizance. To prevent any premature arrest, the Court directed that the petitioner not be arrested until the concerned court takes cognizance of the police report. The writ petition was thereafter disposed of.

Issues considered

  • Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer

Subjects

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

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. WRIT PETITION No. - 6542 of 2022

                                    Sanskar Pandey
                                                                                                           .....Petitioner(s)
                                                                               Versus

                                    State Of U.P. And 3 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)             : Basant Kumar            Upadhyay,        Pramod
                                                                            Kumar Rai
                                    Counsel for Respondent(s)             : 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 6, 2026
                                    Aditya




Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad


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