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Allahabad High Court

OM PRAKASH PANDEYversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

No arrest shall be made against the petitioner until cognizance of the police report is taken by the trial court.

Summary

The petitioner, Om Prakash Pandey, filed a criminal miscellaneous writ petition seeking relief from arrest. The State of U.P. and others submitted that a charge sheet had already been filed, but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted the existence of an interim order in the writ petition and, to prevent any premature arrest, directed that the petitioner not be arrested until cognizance is formally taken by the concerned court. The court then disposed of the writ petition. No further substantive adjudication on the merits was made.

Issues considered

  • The court needed to determine whether an arrest could be effected before the trial court takes cognizance of the charge sheet filed by the investigating officer.

Subjects

  • cognizance
  • charge sheet
  • arrest
  • writ petition
  • interim relief

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 6666 of 2022

                                    Om Prakash Pandey
                                                                                                 .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)                  :   Jainendra Kumar Mishra
                                    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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