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Allahabad High Court

DHIRENDRA KUMAR PANDEY AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court ordered that the petitioners shall not be arrested until cognizance is taken on the police report and disposed of the writ petition.

Summary

Petitioners Dhirendra Kumar Pandey and another filed a criminal miscellaneous writ petition seeking relief from arrest. The State's counsel informed the court 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. No further substantive hearing on the merits was undertaken. Consequently, the writ petition was disposed of.

Issues considered

  • Whether cognizance of the charge sheet filed by the investigating officer has been taken by the trial court
  • Whether an interim order can prohibit the arrest of petitioners pending cognizance

Subjects

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

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                            CRIMINAL MISC. WRIT PETITION No. - 7676 of 2025

                                    Dhirendra Kumar Pandey And Another
                                                                                                   .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)         : Mayank Shekhar Singh, Ratnesh Pratap
                                                                        Singh
                                    Counsel for Respondent(s)         : G.A., Pradeep Kumar Srivastava

                                    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 petitioners shall not be arrested.

                                    4. The writ petition stands disposed of.

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




Digitally signed by :-
ROHIT DAS
High Court of Judicature at Allahabad


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