Uttarakhand High Court
Mohd. Nazim & Others vs State Of Uttarakhand & Others on 25 November, 2014
Author: Alok Singh
Bench: Alok Singh
WPMS No. 2620 of 2014 Hon'ble Alok Singh, J.
Mr. M.S. Pal, Senior Advocate assisted by Mr. Deepak Bisht, Advocate for the petitioners.
Mr. Shailendra Singh Chauhan, Deputy Advocate General for respondent No.1 and 3.
Mr. Lokendra Dobhal, Advocate for respondent No.2.
Learned counsel for the petitioners has vehemently argued that impugned order dated 22.03.2012 was passed without affording any opportunity of hearing to the petitioners. He further contends that F.I.R. was also got registered against the petitioners for the offence punishable under Section 420 I.P.C. on the basis of alleged F.S.L. report. Therefore, petitioners has filed C-482 No. 1059 of 2014 wherein this Court was pleased to permit the petitioner to apply for the comparison of disputed thumb impression with the specimen thumb impression by any other competent F.S.L. Learned counsel appearing for the respondents seek and are granted three weeks time to file counter affidavit.
In the peculiar facts and circumstances of the case, I direct that meanwhile operation and effect of the impugned order shall remain stay qua the petitioners only. It is, however, clarified that petitioners shall be permitted to continue with their M.B.B.S. course purely on their own risk.
CLMA No. 13448 of 2014 stands disposed of accordingly.
(Alok Singh, J.) Dated 25.11.2014 Shiv