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Allahabad High Court

PRITI PANDEY AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

No arrest shall be made against the petitioners until the trial court takes cognizance of the police report.

Summary

Petitioners Priti Pandey and another filed a criminal miscellaneous writ petition before the Allahabad High Court seeking relief against arrest. The State of U.P. and three others were respondents. The learned Attorney General informed the Court that a charge sheet had been filed by the investigating officer, but it was unclear whether the trial court had taken cognizance of the offence. The Court noted that, while the charge sheet existed, cognizance had not been confirmed, and an interim order was already operating in the writ petition. Consequently, the Court directed that the petitioners shall not be arrested until the concerned court takes cognizance of the police report. The writ petition was thereafter disposed.

Issues considered

  • Whether cognizance of the offence has been taken by the trial court on the police report
  • Whether the petitioners can be arrested in the absence of such cognizance

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. WRIT PETITION No. - 6748 of 2023

                                    Priti Pandey And Another
                                                                                                  .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)                      :   Ashok Kumar Pandey
                                    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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