Iqbal Ahmed Ansari, J.

1. By this common judgment and order, I propose to dispose of both these criminal petitions inasmuch as both these petitions have arisen out of the same order, which stands impugned in these criminal petitions, and both have been, on the request made by learned Counsel for the parties, heard together.

2. By making these applications under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), the petitioners have sought for setting aside and quashing the order, dated May 30, 2007, whereby cognisance of offences under Sections 406/409/420/120B/34 of the IPC has been taken by the learned Additional Chief Judicial Magistrate, Kamrup, and summons have accordingly been directed to be issued against the present petitioners as accused.

3. I have heard Mr. J.M. Choudhury, learned senior counsel, appearing on behalf of the accused-petitioners, and Mr. G.N. Sahewalla, learned senior counsel, appearing on behalf of the complainant-opposite party. I have also heard Mr. N. Dutta, learned senior counsel, who has appeared as amicus curiae.

4. Before proceeding further, it is apposite to take note of certain facts, which are not in dispute