1. Rule. Rule made returnable forthwith.

2. Both the applications arise out of same proceedings and the relief claimed in both the applications is the same, hence taken up for final hearing at the admission stage, with consent of all the parties.

3. Both applicants have invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, in order to challenge the order of issuance of process against them in RCC No. 1640 of 2015 passed by the Judicial Magistrate (F.C.), Court No.21, Aurangabad, on 31-01-2017. Applicants in both the applications are original accused nos. 2 and 1 respectively. Respondent No. 2 in both the applications is the original complainant. I would prefer to address the parties as they are before the trial Court for the sake of convenience.

4. The factual matrix leading to the applications are that the complainant was serving as Associate Professor with Dr. Babasaheb Ambedkar Marathwada University, Aurangabad in 2009. Accused No. 1 had registered himself for Ph. D. Complainant was assigned as 'guide' for accused No. 1. Complainant has contended that he had helped accused No. 1 in research, guided him for publication of his res