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2006 Supreme(All) 1728

B.S.CHAUHAN, SUSHIL HARKAULI, AMAR SARAN
AJEET SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Abhishek Singh, Prem Prakash, R.K.Pandey, Ramendra Asthana, S.K.Shukla, S.P.Shukla, V.S.MISHRA

B. S. CHAUHAN, J.

( 1 )

ISSUES BEFORE THE FULL BENCH ;-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 mvestigation can be stayed by this Court only fn rarest of rare cases as observed in Satyapal v. Slate of U. P. and. Ors, 2000 Cri LJ 569 : (1999 All lj 2660), or according to the criteria laid down by the Supreme Court in Joginder kumar v. State of U. P. and Ors. (19s4) 4 SCC 260 : (AIR 1994 SC 1349) ? (2) Whether the Full Bench in Satyapals case was right in holding that Joginder kumars 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. 50-1. 506 Indian Penal Code and Section 3 (1) (x) of The scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act. 1989. police station Kut







































































































































































































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