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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