Ritu Bahri, J. - (1.) The present petition has been filed under Section 482 Cr.P.C. is for quashing of F.I.R No. 125 dated 08.06.2005 u/ss 124-A/153-A/153-B and Section 188 I.P.C registered at Police Station Civil Lines, Amritsar.
(2.) The allegations against the present petitioners are that on the eve of anniversary of operation blue star, which took place on 05.06.1984, the petitioners were taking out a procession in which certain slogans and speeches were made. F.I.R is reproduced as under:- "When we were talking to each other, in the meantime a procession of Dal Dhalsa in which Kanwarpal Singh alias Bittu son of Attar Singh resident of Sector 17-A, Rani Ka Bagh, General Secretary Dal Dhalsa, Harcharanjit Singh Dhami, President Dal Khalsa, resident of Hoshiarpur, Satnam Singh Vice President resident of Paunta Sahib Sarabjit Singh Ghuman, Press Secretary, Dal Khalsa resident of Ludhiana, Sawinder Singh District President resident of Kot Khalsa, Balraj Singh resident Bhalaipur, Avtar Singh Jalalabad, Kashmir Singh, Kuldip singh doctor, Arpal Singh, Baldev Singh Granthgarh, Surinder Singh Talabpura, Amrik Singh Ajnala, Darshan Singh Sabhiala, Gurdeep Singh Kalkat, Harvinder singh , Sarwan Singh, Sukhdev Singh, Jaswinder Sringh Giani, Prabhjot singh and Lakhwinder Singh @ Lakhi etc, after getting together were raising slogans in favour of Khalistan, that Bhindrawala was a saint Soldier, who woke up the community, Sant Jarnail Singh Babbar Lion, we will take your revenge. The Government of loin cloth and cap will rule behond Yamuna, Hindu, Hindi, Hindustan will rule and nobody else will rule, Kanwarpal Singh Bittu and Stanam Singh Paunta Sahib were giving provocative speeches and were inciting people to form Kahlistan and were saying that the wounds of Operation Blue Star are yet not healed. They would not forget the wounds and would not pardon the accused. We would only rest after formation of our separate State Khalistan. We may have to do many sacrifices of life. They do not agree with the Constitution of India."
(3.) Mr. Navkiran Singh, learned counsel for the petitioners has argued that if the allegations were taken on its face value, no offence under under Sections 124-A/153-A/153-B were made out against the petitioners and therefore the continuation of proceedings would be an abuse of process of Court.;