Allahabad High Court
RACHIT JAIN AND 6 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioners shall not be arrested until cognizance is taken on the police report.
Summary
Petitioners Rachit Jain and six others filed a criminal miscellaneous writ petition seeking relief from arrest. No counsel appeared for the petitioners. 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, directed that the petitioners could not be arrested until cognizance is taken on the charge sheet. The writ petition was thereafter disposed.
Issues considered
- Whether the petitioners can be arrested before the court takes cognizance of the charge sheet filed by the investigating officer
Subjects
- cognizance
- charge sheet
- interim relief
- arrest
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7898 of 2025
Rachit Jain And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Raj Pandey, Shubham Pandey
Counsel for Respondent(s) : Amar Jeet Upadhyay, G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. Case is called out. No one appears on behalf of the petitioners.
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.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 7, 2026
Ruchi Agrahari
Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad
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