The provisions of Section 132 of the CrPC are not applicable to cases where the police officers have not followed the proper procedure for dispersing an assembly before resorting to force.

1. Criminal Revision No. 623 filed by Karam Singh complainant against Hardyal Singh and others and Criminal Revision No. I-R of 1979 (State V/s. Hardyal Singh and others) will be decided by this judgment as these revisions arise out of the same order dated 29th November, 1978, of the learned Additional Sessions Judge, Rupnagar, making reference to this Court under Section 482, Criminal Procedure Code, for quashing the commitment order dated 19th July, 1976, against the respondents.

2. The complainant Karam Singh has challenged the impugned order. The State has also supported the contention of the complainant that the reference be answered in the negative.

2-A. Briefly stated, the facts giving rise to these petitions are as under:-

Karam Singh petitioner (complainant) filed a complaint on 19th of June, 1972, against the accused-respondents, two Deputy Superintendents of Police and other police officials under Sections 302, 307, 326, 324, 148, 149, 193 and 195, Indian Penal Code, for committing rioting with deadly weapons and committing murders of 9 persons and causing grievous injuries with deadly weapons and by fabricating false evidence. In the complaint it was alleged that Sant Chanan Singh was a social worker who used to render voluntary service in the construction of the Gurdwaras. He along with his followers numbering about 21 constituted a Jatha. After rendering voluntary service at Anandpur Sahib Gurdwara, they returned to Parivar Vichhora on the evening of 19th January, 1972. They stayed there for the night. Since it was winter season, the Jatha people demanded quilts from Sher Singh, Sewadar of the Gurdwara. Mahant Ajit Singh was the Manager of the said Gurdwara. Sher Singh supplied only 4/5 quilts to them. There was a dispute between Sher Singh on the one side and the Jatha people on the other side for the supply of quilts. On the morning of 20th January, 1972 at about 7 a.m. the Jatha started from Gurdwara Parivar Vichhora Sahib. When it had reached in the limits of Malikpur after crossing Bhakra Canal Bridge, a police party headed by Surjit Singh D.S.P. was found coming from the opposite side. Sardar Surjit Singh D.S.P. asked the Jatha people to surrender to the police, on which Sant Chanan Singh refused to surrender and offered to be arrested if they were required in any criminal case. Consequently, a scuffle ensued between the Jatha people on one side and Sher Singh, Tara Singh and Nasib Singh on the other as they had tried to assault Sant Chanan Singh. Thereafter, the Jatha people reached Gurdwara Sada Bart at about 10 a.m. They were given assurance by the police that no harm would be done to them. Sukhdevinder Singh D.S.P. and some other members of police party also joined the party headed by Surjit Singh D.S.P. At about 1-10 p.m., Jatha people came out of Gurdwara Sada Bart on the aforesaid assurance as they had to go to Gurdwara Bhatha Sahib. A drain is located for the discharge of rainy water outside Gurdwara Sada Bart. Eighteen of the persons of the Jatha had crossed that drain. One Roop Singh was in the drain itself whereas the remaining 5 persons were yet to cross the drain. In the meantime, the police opened fire on the Jatha without any provocation on their part as a result thereof, Sant Chanan Singh, Malkiat Singh, Balwant Singh, Nahar Singh, Sucha Singh and Jagga Singh died at the spot while Nirmal Singh died in the P.G.I., Chandigarh. It is further alleged in the complaint that the members of the police party fired at them aimlessly and mercilessly causing grievous injuries to other members of the Jatha. The deceased and the injured were brought to Civil Hospital, Ropar, where the dead bodies were subjected to postmortem examination and the injured were medically examined. The police arrested the complainant and many other persons and a false case under Section 307, Indian Penal Code, was registered against them. They then made representations to the State Government against the high-handedne