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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