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2006 Supreme(Bom) 1022

B.S.CHAUHAN, SUSHIL HARKAULI, AMAR SARAN
Ajeet Singh – Appellant
Versus
State of U. P. – Respondent


Advocates appeared
S. K. SHUKLA, S. P. SHUKLA, R. K. PANDEY, PREM PRAKASH, ABHISHEK SINGH GOUR, RAMENDRA ASTHANA, for Petitioner.
V. S. MISHRA, AGA, for Respondents.

Judgment

Dr. B. S. CHAUHAN, J.:-

A Division Bench of this Court vide order dated 22-8-2000, referred two questions to a larger Bench for determination/answer, namely:

(1) Whether arrest during investigation can be stayed by this Court only in rarest of rare cases as observed in Satyapal Vs. State of U. P. & Ors. (1999 All L.J. 2660), or according to the criteria laid down by the Supreme Court in Joginder Kumar Vs. State of U.P. & Ors. (1994)4 SCC 260 ?

(2) Whether the Full Bench in Satyapal's case was right in holding that Joginder Kumar's case was delivered on its own peculiar facts and circumstances and hence does not lay down any legal principles relating to the power of arrest and the power of stay to arrest by this Court?

BACKGROUND OF THE CASE AND CONTENTIONS ON BEHALF OF THE PARTIES :2. The petitioner Ajit Singh filed this writ petition for quashing the First Information Report dated 19-5-2000 (Annex. 1) registered as Case Crime No.144 of 2000, under Sections 323, 504, 506 Indian Penal Code and Section 3(1)(x) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kuthan, District Jaunpur. When the matter came up for hearing, it was subm



































































































































































































































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