Allahabad High Court
RAHUL PANDEYversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court held that the petitioner shall not be arrested until the trial court takes cognizance of the charge sheet.
Summary
The petitioner, Rahul Pandey, filed a criminal miscellaneous writ petition seeking relief from arrest. The State, represented by the Attorney General, informed the court that a charge sheet had been filed but it was unclear whether the trial court had taken cognizance of the police report. The High Court noted that an interim order was already in force in the writ petition. To prevent any premature arrest, the Court directed that the petitioner could not be arrested until the concerned trial court formally takes cognizance of the charge sheet. Consequently, the writ petition was disposed of after issuing the protective direction.
Issues considered
- Whether the High Court can issue an order restraining arrest of the petitioner pending cognizance of the charge sheet by the trial court
- Whether the existence of an interim order in the writ petition justifies a stay on arrest
Subjects
- cognizance
- charge sheet
- arrest
- writ petition
- interim order
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7529 of 2025
Rahul Pandey
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manish Singh, Sushma Singh
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 7, 2026
Atul K. Sri.
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…