(1.) Crl. Misc. No.36373 of 2015 This application has been moved for impleading Manoj, Davinder, Ruchi and Vinod Sharma as respondents No.2 to 5 being necessary party. Criminal Misc. Application is allowed and Manoj, Davinder, Ruchi and Vinod Sharma are hereby impleaded as respondents No.2 to 5. Crl. Misc. No. M-35582 of 2015
(2.) This petition has been filed under Sec. 482 Cr.P.C for quashing of order dated 24.09.2014 passed by the Judicial Magistrate Ist Class, Gurgaon and order dated 26.05.2015 passed by the Sessions Judge, Gurgaon, whereby, the application moved by the petitioner under Sec. 319 Cr.P.C as well as the revision petition filed against the said order has been dismissed.
(3.) Briefly the facts of the case are that FIR No.256 dated 30.07.2009 was registered on the basis of complaint made by complainant-petitioner against accused persons, namely, Manoj, Devender, Ruchi and Vinod along with other accused, who are facing trial in said FIR. However, said persons, namely, Manoj, Devender, Ruchi and Vinod were found innocent during investigation. Thereafter, an application was moved under Sec. 319 Cr.P.C by the prosecution for summoning of said persons as additional accused after examination of complainant as PW-1 but said application was dismissed vide order dated 24.09.2014 passed by the Judicial Magistrate Ist Class, Gurgaon. Said order was challenged by way of filing revision petition before the Sessions Judge, Gurgaon, which was also dismissed vide order dated 26.05.2015. The above said orders passed by Judicial Magistrate Ist Class and Sessions Judge are subject matter of challenge in the present petition..