1. Heard the learned appearing on behalf of the petitioner, learned APP for the respondent State, and respondent No.1 who is appearing in person. The Division Bench of this Court has pronounced its judgment and order on 24th January, 2011 in Writ Petition No. 3143 of 2009, which was reserved for judgment & order on 8th December, 2010. There was difference of opinion between the two learned Single Judges, which comprised the Division Bench namely Mr. Justice A. M. Khanwilkar and Mr. Justice A. P. Bhangale. In view of the difference of opinion, the Hon’ble Chief Justice was pleased to refer the matter to a third Judge and therefore, accordingly, this matter was assigned to this Court.

The brief facts which are necessary for the purpose of deciding this petition are as under -

2. The petitioner was working in the police Department and he retired in the year 2003. A complaint was filed in respect of an incident which had taken place regarding appointment of the officers by the Maharashtra Public Service Commission. Respondent No.1 was appointed as an Investigating Officer. FIR was filed. In the FIR it was averred that name of the petitioner was not mentioned as an accused. I