The Allahabad High Court’s Lucknow Bench has dismissed a challenge to an initial arrest and remand for alleged failure to communicate arrest grounds, finding that the prosecution had already advanced to trial.
Justice Manish Mathur delivered the October 1 judgment in Moti Ram Jaat’s application under Section 528 BNSS. The petitioner challenged his August 2025 arrest and subsequent remand on Article 22(1) grounds.
The court distinguished investigation-stage detention under Section 167 CrPC from later judicial custody. It reasoned that the initial arrest-ground challenge could not be raised after that stage had ended, particularly after compliance with Section 207 and framing of charges.
On the record, charges had been framed and the trial was underway. The court therefore rejected the petition as belated.
The ruling addresses the procedural stage at which this particular detention challenge was brought. It does not declare that police may dispense with communicating arrest grounds when making an arrest.