JUDGMENT :

Shyam C. Chandak, J.

1. Both the Writ Petitions have been filed under Article 227 of the Constitution of India,1950 and under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing and setting aside of the Order dated 11th May, 2010 passed by the Learned Judicial Magistrate First Class, at Nashik Road, District – Nashik, below Exhibit 1, in Criminal Miscellaneous Application No.195/2010, whereby the learned Magistrate referred the said Application for investigation under Section 156 (3) Cr.P.C. and pursuant to which, Nashik Road Police Station registered MAG. C.R. No.16 of 2010 on 13th May, 2010 against the Petitioners.

2. Heard Mr. Harshad Inamdar, learned Counsel for Accused no.1 and for Respondent No.3 in WP/1880/2010, Mr. R.S. Alange, learned Counsel for Accused No.2 and for Respondent No.2 in WP/2816/2012 and Mr. H.J. Dedhia, learned APP for the Respondent-State in both the Petitions.

3. Rule was granted in the Petitions on 17th July, 2012 and 22nd March, 2023 respectively. The Complainant has filed his Affidavit-in-Reply in Writ Petition No.1880 of 2010. But none present for the Complainant.

4. Facts giving rise to these writ petitions are as under:

4.1) R