2004 INSC 0697
                                    SUPREME COURT OF INDIA

                               Budgam Cooperative House Bld. Society

                                                      Vs.

                                  People's Action and Public Account

                                        S.L.P.(C)No.3990 of 2004

                                  (Mrs.Ruma Pal and Arun Kumar JJ.)

                                                 09.07.2004

                                                   ORDER

1. This special leave petition has been filed from an interim order passed by the High Court
by which it had directed the senior Superintendent of Police, crime and Railways, Jammu, to
register formal FIRs against the petitioners on the basis of certain allegations against certain
cooperative societies contained in a public interest litigation. The petitioners say that some of
the petitioners were not even parties to the petition. It is also submitted that the impugned
order was passed without giving any opportunity to the petitioners of being heard. Learned
counsel appearing on behalf of the respondents, however, states that some of the petitioners
were, in fact, represented before the High Court. Without deciding this dispute we are of the
view that the High Court should decide the question relating to the filing of the FIR as
directed by it after hearing of the parties who have not been heard and were likely to be
effected by the said order. We had granted stay of the operation of the High Court's order on
22nd March 2004. That interim order will continue for a further period of two weeks
provided:

        "(i) the petitioners before us file an application before the High Court for the purpose
        of continuation of the interim order beyond the period of two weeks;

        (ii) the petitioner's application is not earlier taken up and decided by the High Court."

2. It is being made clear that the interim order may be continued by the High Court if it so
thinks fit.

3. The High Court is requested to dispose of the main matter as expeditiously as is
conveniently possible.

The SLP is disposed of.

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