Issues before the Full Bench :

Honble 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 v. State of U.P. and others, 2000 Cr.LJ. 569, or according to the criteria laid down by the Supreme Court in Joginder Kumar v. State of U.P. and others, (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 of 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 th