Supreme Court: Under which circumstances can an investigating officer again seek custody of the accused after the accused is released on the grounds of non-furnishing of grounds of arrest?

 It goes without saying that if the abovesaid schedule

for supplying the grounds of arrest in writing is not

adhered to, the arrest will be rendered illegal entitling

the release of the arrestee. On such release, an

application for remand or custody, if required, will be

moved along with the reasons and necessity for the

same, after the supply of the grounds of arrest in

writing setting forth the explanation for non-supply

thereof within the above stipulated schedule. On

receipt of such an application, the magistrate shall

decide the same expeditiously and preferably within

a week of submission thereof by adhering to the

principles of natural justice. {Para 55}.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2195 OF 2025

MIHIR RAJESH SHAH Vs STATE OF MAHARASHTRA 

Author: AUGUSTINE GEORGE MASIH, J.

Citation: 2025 INSC 1288.

Dated: NOVEMBER 06, 2025.

Read full judgment here: Click here.

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