The Supreme Court has held that when an accused is released because his arrest violated the constitutional safeguards under Article 22(1) or Article 22(2), the investigating agency cannot re-arrest him on its own and must obtain judicial approval after following prescribed safeguards. A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar set aside
Accused Released for Article 22 Violations Cannot Be Re-Arrested Without Magistrate’s Approval: Supreme Court
