1. This common order shall dispose of the aforesaid two petition

which arise from a common order passed by the learned Metropolitan Magistrate, New Delhi on 27.09.2007 whereby the Magistrate concerned refused to recall the order of summoning passed in this case against both the petitioners on the basis of an application moved by them to drop the proceedings under Section 258 of the Code of Criminal Procedure (Cr.P.C.)

2. The brief matrix of filing of the present petitions are :

i) A complaint was filed by Sh. K.M. Anees-ul-Haq, against Sh. Shekhar Gupta, petitioner in Crl.Rev.P.637/2007 and Commi Kapoor, Editor (Delhi) of the Indian Express Daily, Sh. Vivek Goenka, Managing Editor (Petitioner in Crl.M.C.4037/2005), Sh. G.R. Saxena under Sections 500/501 of IPC. All the accused persons including the present petitioners were summoned to face trial in the aforesaid complaint by learned Metropolitan Magistrate concerned.

ii) The petitioners moved an application before the MM concerned to drop the proceedings against them at the stage of deciding the question of framing of notice under Section 251 Cr.P.C. The application was moved by the accused persons on the