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Allahabad High Court

PRADEEP PALversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court ordered that the petitioner shall not be arrested until cognizance of the charge sheet is taken by the trial court.

Summary

Petitioner Pradeep Pal filed a criminal miscellaneous writ petition seeking relief against the State of Uttar Pradesh and two others. The petitioners alleged that they might be arrested despite a charge sheet having been filed, but it was unclear whether the trial court had taken cognizance of the police report. The learned Additional Government Advocate informed the court that the charge sheet was indeed filed, though cognizance status was uncertain. The High Court, noting the existence of an interim order in the writ petition, directed that the petitioners shall not be arrested until cognizance of the charge sheet is taken by the concerned court. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the court can restrain the arrest of the petitioner pending cognizance of the charge sheet
  • Whether cognizance of the charge sheet has been taken by the trial court

Subjects

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

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  CRIMINAL MISC. WRIT PETITION No. - 7552 of 2022

                                    Pradeep Pal
                                                                                                              .....Petitioner(s)
                                                                               Versus
                                    State Of U.P. And 2 Others
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)             :    Rajesh Dwivedi, Satyam Pandey
                                    Counsel for Respondent(s)             :    Dheeraj Kumar Dwivedi, G.A., Kunwar Ajay
                                                                               Singh

                                    Court No. - 44
                                                         HON'BLE SIDDHARTH, J.
                                                         HON'BLE VINAI KUMAR DWIVEDI, J.

                                    1. Case called out in revised list. None responds on behalf of the petitioner.

                                    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.

                                    May 7, 2026
                                    Abhishek
                                                                                (Vinai Kumar Dwivedi,J.) (Siddharth,J.)




Digitally signed by :-
ABHISHEK YADAV
High Court of Judicature at Allahabad


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