(1.) I propose to dispose of both these petitions bya common order. Cr M(M) 2800/92 is filed by four petitioners whereasthe second petition (Cr. M.(M) 2846/92) is filed by only two of them. Theseare tiled under Section 482 of the Code of Criminal Procedure, (Code forshort) and Article 227 of the Constitution of India. In the first petition,the relief sought, is that the order dated 3.9.1992 of the learned M.M. forissuing processes under Sections 82 and 83 of the Code may be declarednull and void while in the second petition order for issue of non-bailablewarrants issued against them on 18.8,92 is sought to be quashed, beingillegal and arbitrary as the petitioners were on bail and their bail had notbeen cancelled.
(2.) The brief facts according to the story of the prosecution basedon the statement of Sh. Ved Parkash. injured (who subsequently died on8.6.92) are that at about 9.45 a.m. on 29.4.1992 he was going from his housewith a Lota containing Lussi to his Baithak to meet his guests. When hereached near the house of Chander Pal petitioner, he found the petitionersLok Pal, Amrik Singh and Chander Pal emerging from the house of ChanderPal. They called him from behind. At first he stopped for a moment,but considering that there were bitter relations with them on account of aland dispute and sensing their ill intentions, he started running. Theyfollowed him. When lie w.is in front of the Baithak of Sultan Singh, thepetitioner Prem Kumar alias Kaira alias Pehlwan and Vikram also camethere. Ved Parkash hurriedly entered the room. From behind Lok Paland Amrik Singh also entered. Lok Pal petitioner caught hold of himwhile petitioner Amrik Singh after taking out a revolver from his rightDhab fired at him. He received bullet injuries on his neck and immediatelyfell down. Other persons also came in. Sultan Singh who was there andtried to save him was also given injuries. He further stated that ChanderPal, Kaira alias Prem Kumar petitioners and Vikram were standing outside. On seeing the crowd collecting all of them ran away. The occurrence is alleged to have been witnessed by Rishi Pal and Saroj, who reachedthere on hearing him cry. Ved Parkash and Sultan Singh were got admittedin Jaipur Golden Hospital. Rohni. Next day Ved Parkash was shiftedto Batra Hospital where he expired on 8.6.92 due to injuries receivedby him. So the case was converted from Section 307 Indian Penal Code to Section 302IPC.
(3.) I have heard arguments advanced by Mr. P. N, Lekhi, Sr. Advocate on behalf of the petitioners, Sh. P.P. Grover for Smt. Satya Devi wifeof the deceased Vcd Parkash and Sh. R.D. Jolly, Advocate on behalf of theState.