RAGHUWANSH SINGH Vs. DIWAN SINGH

JUDGEMENT

(1.) PALOK Basu, J. Heard Sri D. N. Wall, learned counsel for the applicants. The cross case has been initiated at the instance of Diwan Singh in which the applicants Raghuwansh Singh, Atar Singh, Suresh Kumar, Smt. Omwari w/o Raghubansh Singh, Mohan Singh, Subodh Kumar and Smt. Omwati w/o Om Prakash have been made ac cused. The Magistrate has summoned the accused applicants. The proceedings and the order are under challange in the present petition under Section 482 Cr. P. C. Sri D. N. Wali, learned counsel for the applicants vehemently argued that the injuries allegedly sustained by Lal Singh who was allegedly examined on 25. 4. 88 at 5. 00 p. m. contradicts the very statement about the incident as is contained in the F. I. R. It was further argued that the existence of two injuries on Lal Singh discredits the eye-witness account in the F. I. R. All these arguments are on merits of the case and that if and when the proper occasion arises, these questons raised will determine in accordance with law by the com petent court. For the time being it can only be said that in exercise of inherent powers under Section 482 Cr. P. C. the present proceedings against the applicants cannot be quashed. Sri Wali then argued that two of the applicants are women and if all the applicants are arrested and detainel for a long they will suffer irreparable loss. In view of the said arguments, it is hereby directed that in case the seven applicants named above surrender before the competent court relating to the case pending as a result of Case Crime No. 185-A of 1988 under Section 147, 323, 324, 336 and 504 I. P. C. of the court of Munsif Magistrate 1st Class Bijnor and make application for bail, the said application shall be disposed of in accordance with law on the date it moves.

(2.) WITH the aforesaid observations, the application is dismissed.