IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Writ Petition No. 1065 Of 2009 Dinesh Kumar Aggarwal and others …………..Petitioners Versus State of Uttarakhand & Another ………….Respondents Mr. A.Rab, learned counsel for the petitioners. Mr. Nandan Arya, learned A.G.A. for respondent no. 1 & 3. Dated: December 10th , 2009 Hon’ble Alok Singh, J. Heard Sri A.Rab, learned counsel for the petitioners and Sri Nandan Arya, learned A.G.A. for the respondent no.1and 3. Present petition has been filed under Article 226 of the Constitution of India challenging the order dated7.11.2009 passed by Addl.Chief Judicial Magistrate-III Dehradun. Brief facts of the case are that an F.I.R.,case crime no. 109/2009 was lodged against the petitioners under Section 420,467,468,471 read with Section 120B I.P.C., in P.S.Cantt District Dehradun. Petitioner earlier filed criminal writ petition no. 632/2009 for quashing the F.i.R.. Vide order dated 16.7.2009 passed by this court writ petition no. 632/2009 for quashing the F.I.R. was dismissed. It appears that after the dismissal of the writ petition for quashing the F.I.R. Investigating Officer wanted to interrogate the petitioners for the purpose of investigation in the case, hence S.I.Ram Kumar Juyal moved an application before the learned Magistrate to issue non-bailable warrant against the petitioners. Learned Magistrate vide impugned order dated 7.11.2009 acceded to the request of the Investigating Officer and issued non-bailable warrant. Petitioners herein are assailing order-dated 7.11.2009 by which non-bailable warrants were issued against the petitioners on the request of Investigating Officer. Mr. Rab, learned counsel for the petitioners stated that petitioners shall appear before the Investigating Officer on 15th December, 2009 and shall cooperate with the investigation. Mr. Rab further stated that petitioner would like to place certain material before the Investigating Officer on 15.12.2009. He further stated that in view of the fact that petitioners are ready and willing to appear before the Investigating Officer, non-bailable warrants should be kept in abeyance. I find force in the submission made by Mr. Rab. I direct that petitioner shall appear before the Investigating Officer on 15th December,2009. If Investigating Officer is not available in the Police Station on 15th December,2009, petitioners shall appear before the S.H.O. of the Police Station concerned,who in turn shall give the next date to the petitioners to appear before the Investigating Officer. Till 15th December, 2009 order dated 7.11.2009 shall remain in abeyance. However, it is made clear that if petitioners fail to appear before the Investigating Officer on 15th December,2009 order dated 7.11.2009 passed by the learned Magistrate shall be given effect to. With the above observation present petition is disposed of accordingly. (Alok Singh, J.) 10.12.2009 Nishant