S.P. Garg, J.

1. The petitioners have filed the writ petitions for quashing the judgment dated 02.02.2011 of ASJ, Dwarka Courts, New Delhi in the matter of State v. Saqib Rehman @ Masood and Ors. in Sessions Case No.24/2010 arising out of FIR No.146 dated 02.07.2005, registered at police station Kapasahera under Sections 307/353/186/489©/482/120B/34 IPC and 25/27 Arms Act and 3/5 Explosive Act to the extent of the observations and directions passed in paragraphs 141 to 145 and all the proceedings enumerated thereunder. They have also prayed for expunging certain adverse remarks made against them in the impugned judgment.

2. The petitions have been filed on the ground that adverse remarks against the petitioners are unwarranted and uncalled for and that they are not based on any material/evidence on record. Moreover, that were not necessary to adjudicate upon the controversy in the case.

3. We have heard the learned counsel for the petitioners and learned standing counsel for the State and have perused the Trial Court record.

4. Case of the prosecution is that in June, 2005, SI Ravinder Kumar Tyagi posted in the office of Special Staff, South-West District, Delhi received a secret information that Masood and Zahid involved in terrorist activities have made their base in Delhi and were about to strike in Delhi, Gurgaon and other satellite towns of Delhi. This information was recorded as DD No.6 dated 27.06.2005 in the office of Special Staff.

On 01.07.2005, at 10:30 P.M. SI Ravinder Kumar Tyagi on receipt of secret information that the Masood and Zahid along with their two associates were about to come to Delhi at 12:30 A.M. from Gurgaon in a blue Tata Indica Car bearing No.HR-26-S-0440 and were in possession of heavy arms and ammunition, formed a raiding party consisting of SI Raj Kumar, ASI Charan Singh, ASI Nirakar Sharma, HC Raj Kumar, HC Ombir Singh, Ct.Surender Singh, Ct.Vinay, Ct.Dinesh Kumar, Ct.Raja Ram, Ct.Zafar Khan, Ct.Kishan, Ct.Sanjy Singh, Ct.Rohtash, Ct.Santraj and Ct.(Driver) Suresh and laid a trap on Gurgaon Delhi Road near NH-8 & Rajokri Crossing at about11:30 P.M. It is further alleged that at about 12:45 A.M. a blue colour Tata Indica Car bearing No.HR-26S-0440 was seen coming from the Gurgaon Road and when it failed to stop despite signal, the police chased it and forced it to stop near Randhawa Farm House. Accused Saqib Rehman @ Masood, sitting on the front seat of the car immediately came out and fired two rounds on the police party with his pistol. SI Ravinder Tyagi fired one round in turn from his service revolver. He and Constable Vinay snatched the pistol from Saqib Rehman. The accused Nazir Ahmed Sofi @ Doctor, who was on the driver’s seat exhorted Saquib Rehman to shoot at the police party but was overpowered by ASI Nirakar Sharma. The accused Gulam Moinuddin Dar sitting on the back seat tried to remove pin of the handgrenade but was overpowered by Constable Surender Singh who snatched the handgrenade from his hands. The accused Bhashir Ahmed Shah @ Basir exhorted Gulam Moinuddin Dar to hurl the handgrenade at the police but was overpowered by Head Constable Raj Kumar.

5. The pistol recovered from Saqib Rehman contained four live rounds of 7.62 bore loaded in the magazine and one live round in the pistol chamber. The police seized two cartridges fired by Saqib Rehman @ Masood. In the personal search of Nazir Ahmed Sofi, 12 live cartridges of 7.62 bore were recovered. Head Constable Raj Kumar recovered 35 bullets of AK-47 assault rifle from the right pocket of the pant of Bashir Ahmed Shah. SI Ravinder Tyagi prepared a rukka and sent it to the P.S.Kapasahera for registering the FIR. FIR No.146/2005 was accordingly registered at PS Kapasahera at 4:33 A.M. for the aforesaid offences. SI Mahender Singh along with Ct.Surender Singh of PS Kapasahera reached the spot and conducted necessary proceedings. On search of Tata Indica vehicle, a briefcase containing an Army Combat Uniform and fake currency no