Allahabad High Court
RITESH @ RAKESHversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The court ordered that the petitioner shall not be arrested until cognizance is taken on the police report.
Summary
The petitioner, Ritesh @ Rakesh, filed a criminal miscellaneous writ petition challenging the prospect of his arrest. The State 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, noting the existence of an interim order in the writ petition, directed that the petitioner shall not be arrested until cognizance is formally taken by the concerned court. No further relief was granted and the petition was disposed. The order ensures protection of the petitioner’s liberty pending procedural clarification.
Issues considered
- Whether the petitioner can be arrested before the trial court takes cognizance of the charge sheet
- Whether the High Court can issue a direction to restrain arrest pending cognizance
Subjects
- criminal procedure
- cognizance
- arrest
- writ petition
- interim order
- charge sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7515 of 2025
Ritesh @ Rakesh
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kuldeep Kumar Dixit
Counsel for Respondent(s) : G.A., Prashant Yadav, Rajeev Kumar
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
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