Allahabad High Court
PRADEEP GANGWAR @ SHAILENDRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
Arrest cannot be effected until the court takes cognizance of the charge sheet.
Summary
Petitioner Pradeep Gangwar filed a criminal miscellaneous writ petition seeking protection from arrest. The State of U.P. submitted a charge sheet, but the court was uncertain whether cognizance of the police report had been taken. The learned Attorney General informed the bench of the charge sheet filing status. The Court, noting the pending cognizance and the existence of an interim order, directed that the petitioner shall not be arrested until cognizance is formally taken by the trial court. Consequently, the writ petition was disposed of.
Issues considered
- Whether an arrest can be effected when cognizance of the charge sheet has not been taken by the court
- Whether the High Court can grant interim relief restraining arrest pending cognizance
Subjects
- cognizance
- charge sheet
- arrest
- interim order
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 9462 of 2023
Pradeep Gangwar @ Shailendra
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vijai Shanker Tripathi, Vinod Shankar
Tripathi
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 12, 2026
Aditya
Digitally signed by :-
ADITYA KUSHWAHA
High Court of Judicature at Allahabad
Checking your session…