Allahabad High Court
AMIT PANDEY @ SUMIT PANDEYversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that the petitioners shall not be arrested until cognizance is taken on the police report.
Summary
The petitioners, Amit Pandey and Sumit 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 it. The High Court noted the uncertainty regarding cognizance and, considering the interim order already in place, directed that the petitioners not be arrested until cognizance is formally taken on the police report. The court emphasized that the protection against arrest is contingent upon the court’s taking cognizance of the charge sheet. Consequently, the writ petition was disposed of with the direction to refrain from arresting the petitioners pending cognizance. The order was pronounced on May 6, 2026.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed against them
Subjects
- cognizance
- charge sheet
- writ petition
- arrest
- criminal procedure
- interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6615 of 2025
Amit Pandey @ Sumit Pandey
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chetna Singh, Sadhana Dubey, Shashi
Kant Shukla
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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