IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 153 of 2008 1. Pooran Chandra S/o Jagdish Chandra 2. Tej Prakash S/o Jagdish Chandra 3. Dharma Nand S/o Ram Dutt 4. Chhapi Singh S/o Mohan Singh 5. Shankar Datt S/o Narayan Dutt All R/o Village Chaurgunth Patwari Circle Gagar District Champawat ………. Applicants Versus 1. State of Uttarakhand through State Public Prosecutor 2. Revenue Inspector, Devi Dhura District Champawat 3. Sub Divisional Magistrate Pati District Champawat ……… Respondents Mr. R.S. Samwal, Advocate for the petitioners. Hon’ble V.K. Gupta, C.J. After hearing the arguments of the learned counsel for the petitioners and learned Government Advocate, I feel satisfied that no interference by this Court under Section 482 Cr.P.C. is warranted. 2. The impugned communication is a notice in terms of Section 111 read with Section 107 of Cr.P.C. In terms of Section 116 of Cr.P.C., the petitioners are at liberty to submit their reply/explanation and thereafter the learned Executive Magistrate has to pass consequential orders on the merits of the case in accordance with Section 116 of Cr.P.C. 3. I direct the learned Magistrate to consider the reply/explanation submitted by the petitioners and to pass order on the merits of the case and in accordance with law, after affording opportunity of hearing. The learned Magistrate shall pass the reasoned and speaking order. 4. The petition is dismissed. (V.K. Gupta, C.J.) 05.03.2008 ASWAL