Allahabad High Court
SANCHIT RASTOGI AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that until cognizance is taken on the police report, the petitioners shall not be arrested.
Summary
Petitioners Sanchit Rastogi and six others filed a criminal miscellaneous writ petition seeking relief from arrest. No counsel appeared for the petitioners. The State counsel 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 petitioners could not be arrested until cognizance is taken on the charge sheet. The writ petition was thereafter disposed. The order effectively preserves the petitioners' liberty pending procedural clarification.
Issues considered
- Whether the petitioners can be arrested before the court takes cognizance of the charge sheet filed by the investigating officer.
Subjects
- writ petition
- criminal procedure
- cognizance
- charge sheet
- arrest
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7824 of 2022
Sanchit Rastogi And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dileep Kumar Shukla
Counsel for Respondent(s) : Brahma Nand Singh, G.A., Rajiv Kumar
Srivastava
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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