Judgment

P. B. GAJENDRAGADKAR, J. : This is an appeal by special leave by Khushi Ram against the order passed by Mr. Justice B. R. James of the Allahabad High Court purporting to exercise his inherent power under S. 561A of the Code of Criminal Procedure. It a appears that on the evening of 6th June, 1955, the marriage procession to celebrate Khushi Ram s son s marriage was proceeding through a narrow street in the city of Meerut. This procession came into clash with a number of Rikshawpullers and that led to a riot. In this riot one person was killed and persons on both the sides were injured. Ultimately Sub-Inspector Lal Singh accompanied by constables rushed to the spot, quelled the riot and arrested a number of rioters on the spot. This incident gave rise to two cross-cases. Persons on Khushi Ram s side, numbering in all 31, were charged with having committed several offences. Puran Singh amongst them was charged under S. 302, while the others were charged under Ss. 323, 332, and 147 read with S. 149 of the Indian Penal Code. In the other case which was started on the complaint of Khushi Ram, 22 persons were charged with having committed offences under Ss. 395, 397, 147 and 325