Allahabad High Court
PRAVENDRA @ PRAVENDRA KUMAR AND 4 OTHERSversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
Arrest of the petitioners is prohibited until cognizance of the charge sheet is taken by the trial court.
Summary
The petitioners, including Pravendra Kumar, filed a criminal miscellaneous writ petition seeking protection from arrest. The State had filed a charge sheet, 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 avoid premature arrest, directed that the petitioners not be arrested until cognizance is formally taken by the concerned court. The court then disposed of the writ petition. No substantive merits of the underlying criminal case were addressed.
Issues considered
- Whether the petitioners can be arrested before the trial court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6819 of 2023
Pravendra @ Pravendra Kumar And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Priti Singh, Satyaveer Singh, Shrinivas
Yadav, Vijay Prakash Singh Kushwaha
Counsel for Respondent(s) : G.A., Ram Jatan Yadav
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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