Heard finally by consent of both the parties.

1] This matter is the offshoot of the 1993 communal riots in Mumbai. On 9/1/1993 the riots were at peak in Mumbai and on that day at around 9.30 a.m. the police officers from Payadhuni police station noticed bullet shots were fired towards them from the terrace of Suleman Bakery. The Bakery is adjacent to the mosque and in the same building on the upper floor there is Mothersa .The police warned the miscreants on the terrace of Suleman Bakery to stop the firing, however, it went on intermittently. The Police Inspector from Payadhuni police station reported this incident to the Control Room and asked for the help. One wireless van came to the spot and also noticed some shots were fired from the building of Soleman Bakery. On receipt of wireless message to the Control Room Jt. Commissioner of Police Mr.R.D.Tyagi went to the spot alongwith the team of the Special Operation Squad (SOS). Mr. Tyagi who is accused no.1 in the present case ordered to use the cylinders of tear gas and asked the miscreants to surrender. However, it was of no use. The persons in the bakery pelted bottles, acid bulbs and stones towards the police force.