Allahabad High Court
PRADEEP KUMAR AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The Court held that until cognizance is taken on the police report, the petitioners shall not be arrested and the writ petition stands disposed.
Summary
Petitioners Pradeep Kumar and another filed a criminal miscellaneous writ petition challenging their potential 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 writ petition could not proceed while the cognizance issue remained unresolved. Consequently, the writ petition was disposed of with the interim protection remaining in force. The order was pronounced by Hon'ble Judges Siddharth and Vinai Kumar Dwivedi on May 6, 2026.
Issues considered
- Whether the High Court can issue an interim direction to prevent arrest of petitioners pending cognizance of the charge sheet
- Whether the writ petition should be disposed when cognizance of the charge sheet is uncertain
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- interim order
- arrest
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6779 of 2025
Pradeep Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Saurabh Pathak
Counsel for Respondent(s) : G.A., Mukesh Kumar Pandey
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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