Both these cases have been referred to a Full Bench. In both the cases a First Information Report was lodged with the police against the applicant in which it was alleged that the applicant had committed a cognizable offence and the police was investigating the matter.

In both these cases the applicant has not yet been arrested and made application under Section 482 of the Criminal Procedure Code, 1973 (hereinafter

to be referred to as the Code and prayed that the First Information Report be quashed. It is further prayed that the arrest of the petitioner be stayed (obviously during the pendency of the application ).

When these applications came up for hearing, on the basis of a Division Bench decision of this Court in the case of Putt an Singh v. State, 1987 (24) ACC 268 : 1987 AWC 404, it was urged by the learned counsel for the State that the application was not maintainable and arrest could not be stayed,

4. . Mr. Justice S. I. Jafri before whom these cases came up, has referred the. cases to a larger Bench under the proviso (b) to sub-rule (ix) of Rule 2, Chapter V, of the Rules of Court, 1952. He directed that the papers be placed before the Honble the Acting Chief Justice for

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