Second Arrest of Person Already in Custody Is a Fresh Arrest, but Article 22 Challenge Must Be Raised Before S. 167 CrPC Stage Ends: Allahabad High Court

The Allahabad High Court, Lucknow Bench, has held that formally arresting a person who is already in custody in another criminal case amounts to a fresh arrest. However, the Court said a challenge alleging violation of Article 22(1) of the Constitution cannot be raised after the Section 167 CrPC stage has ended. Justice Manish Mathur passed the judgment on October 1, 2026, in a petition filed by Moti Ram Jaat…