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Re-arrest in Arms Act case despite procedural lapse is legal, rules HC
The Morning Standard
|July 17, 2025
THE Delhi High Court has clarified that re-arrest of an accused is not barred in law, even if a prior arrest was rendered illegal due to procedural lapses, as long as the defects are subsequently cured.
Justice Swarana Kanta Sharma delivered the ruling while dismissing a batch of petitions filed by several accused persons, who had challenged their re-arrest in an Arms Act case being investigated by Delhi Police's special cell. They had also assailed a trial court order which had upheld the legality of the subsequent arrest.
"It would essentially mean that a serious offender may escape the process of law solely on account of a procedural lapse committed by the investigating agency, even if sufficient material exists justifying his arrest," the court observed.
This story is from the July 17, 2025 edition of The Morning Standard.
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