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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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