Arrest -- Re-Arrest After Release for Breach of Grounds Requirement -- Re-arrest without court permission is illegal
(i) Constitution of India, 1950, Art.22(1) -- Arrest -- Re-Arrest After Release for Breach of Grounds Requirement -- Investigating agency cannot re-arrest at its own discretion once the accused is released for breach of Article 22(1) -- It must apply to the Magistrate, stating the reason and need for re-arrest and the reason for earlier non-supply of grounds -- Application must carry endorsement of the immediate senior authority -- Re-arrest needs the Magistrate's satisfaction that reasons are bona fide. (ii) Constitution of India, 1950, Art.22(1) -- Arrest -- Re-Arrest After Addition of Offences -- Later addition of offences to the FIR does not excuse the procedure for re-arrest -- Re-arrest without that procedure is illegal and violates fundamental rights of the accused.
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