JUDGMENT :

Harsha Devani, J.

Rule. Mr. R.C. Kodekar, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent in both the petitions.

2. Having regard to the facts of the case and with the consent of the learned counsel for the respective parties, the matters were taken up for final hearing. Since the reliefs prayed for in both the petitions are identical and the facts are also common, both the petitions were taken up for hearing together and are disposed of by this common judgment.

3. Both these petitions are directed against the order dated 28.10.2013 passed by the learned Chief Judicial Magistrate, Surat below the application dated 19.10.2013 submitted by the Assistant Commissioner of Police, “G” Division, Surat city, whereby warrant under section 70 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) has been ordered to be issued against the petitioners herein.

4. A first information being Jahangirpura Police Station, Surat I - C.R. No.31 of 2013 came to be lodged on 06.10.2013 against the petitioners herein alleging commission of the offences punishable under sections 376(2) (k) and (f), 377, 354, 357, 342, 346, 14