JUDGMENT :

1. In both the writ petitions as the facts are similar, the relief so sought for is the same and the questions of law involved being pari materia, both the writ petitions are taken up for disposal by this common judgment and order.

2. One Shri Sailen Kumar Sharma, the Respondent No.5 in both the writ petitions had filed a petition under the provisions of Prevention of Corruption Act, 1988 (for short “the Act of 1988”) before the Court of the Special Judge, Assam making various allegations against one Shri Anup Kumar Gohain, the then Chief Engineer, Minor Irrigation, Assam and to punish him as per the provisions of the Act of 1988 or the Indian Penal Code. It is relevant to take note of that in the petition so filed, there was no allegations against the Petitioners herein. The Court of Special Judge, Assam registered the said petition as Complain Case No.11/2013 and vide an order dated 20.08.2013 invoked the powers under Section 156(3) of the Code of Criminal Procedure, 1973 (for short “the Code”) and forwarded the complain petition to the Superintendent of Police, CM’s Special Vigilance Cell, Assam with a direction to register a case under appropriate provisions of the Pre