D. G. DESHPANDE, J.: - Heard learned counsel for the petitioner and the respondents, and the learned APP.

2. Criminal Writ Petition No. 2198 of 2005 had come before the Division Bench on 13 - 1 - 2006, at that time Mr. Chitnis, counsel for the petitioner informed that some more petitions on the same issues are pending, and he undertook to furnish number of those petitions and accordingly other petitions, i.e. Writ Petition No. 2901 of 2005 and Writ Petition No. 781 of 2006 were kept along with Writ Petition No. 2198 of 2005.

Thereafter, at the time of arguments, Mr. Chitnis stated that though issues involved are same, but facts may be different, and therefore the Writ Petitions i.e. Writ Petition No. 2901 of 2005 and Writ Petition No. 781 of 2006 should be heard separately.

3. The prayer in Writ Petition No. 2198 of 2005 is that proceedings arising out of C.C. No. 466/MJ of 2004 and the order recorded under section 156(3) of the Code of Criminal Procedure by the Additional Chief Metropolitan Magistrate, 23rd Court Esplanade, Mumbai, and consequent FIR and investigation under MECR No. 14 of 2004 be quashed and set aside.

4. Respondent No. 1 had filed the complai