ORDER :

Shri Prashant Sharma, counsel for the applicants. Shri Vivek Jain, counsel for the respondent. With the consent of the parties, heard finally.

2. This application under section 482 of Criminal Procedure Code has been filed against the order dated 1-9-2010 passed by JMFC, Gwalior in Criminal Case No. 13081/2010, by which the Magistrate has taken cognizance against the applicants for offence punishable under section 406 of Indian Penal Code.

3. A preliminary objection has been raised by the Counsel for the respondent that the order dated 1-9-2010 is a revisable order and instead of filing Criminal Revision before the Sessions Court, the applicants have directly filed the application under section 482 of Criminal Procedure Code. The objection raised by the Counsel for the respondent has some substance. The order taking cognizance is a revisable order, however, this application under section 482 of Criminal Procedure Code was filed in the year 2012 and since it has been entertained, therefore, it would not be appropriate to dismiss the present application on the ground of availability of alternative remedy. Hence, the matter is heard finally.

4. The necessary facts for the disposal