(1.) THE prayer of the applicant that his arrest may be stayed in crime no. 137 of 1985 under sections 395, 397 and 412 IPC P. S Gajner, District Kanpur Dehat during the pendency of this application is rejected.
(2.) THIS is an application under section 482 CrPC praying that the arrest of the applicant Puttan Singh be stayed in connection with case Crime No. 137 of 1985 under sections 395,397 and 412 IPC Police Station Gajner, district Kanpur Dehat. It was further prayed that the arrest of the applicant in the aforementioned case be stayed during the pendency of this application in this Court.
(3.) THIS application was heard by a learned Single Judge who found it difficult to accept the prayer of the applicant that his arrest be stayed during the pendency of the investigation of the above mentioned case in view of the decision of the Supreme Court in the ease of State of Bihar v. J. A. C. Saldanna, AIR 1980 SC 326. As the arrest of the co-accused had been stayed by this Court as mentioned earlier he: referred the question as to whether or not the arrest of the applicant can be stayed during the investigation of the case against him by this court under section 482 CrPC for decision to a larger Bench. That is how this question has come up for decision before us.
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