JUDGMENT :

Vikas Bahl, J. (Oral)

1. This order shall dispose of two criminal petitions bearing CRM-M-1044-2018 filed by four petitioners, namely, Vikram Sharma son of Daulat Ram, Sushil son of Ram Avtar, Mahesh son of Daulat Ram and Krishan son of Bhagwan and CRM-M-45592-2023, filed by petitioner Kuldeep Vats son of Satuanaryan and both the said petitions have been filed under Section 482 Cr.P.C. praying for quashing the order dated 14.10.2016 (Annexure P-6) passed by the JMIC, Gurugram, whereby the petitioners, have been summoned as additional accused to stand trial along with the others in case bearing FIR No.187 dated 24.10.2010 under Sections 147, 148, 323, 325, 452 and 506 IPC, registered at Police Station Bilaspur and also the order dated 15.12.2017 (Annexure P-8) passed by the Additional Sessions Judge, Gurugram, upholding the order dated 14.10.2016 while dismissing the revision petition filed by four petitioners in CRM-M-10442018.

2. With the consent of learned counsel for the parties, CRM-M-1044-2018, has been taken up as the lead case and facts are being noticed from the same.

FACTS OF THE CASE:-

3. Brief facts of the case are that FIR No.187 dated 24.10.2010 under Sections 147, 148, 323, 325, 452 and 506 IPC, was registered against 11 accused persons and after completion of investigation, a report under Section 173 Cr.P.C. was filed against five persons, whereas, six accused persons including five petitioners, who have filed two different set of petitions, were not challaned. The charges under Sections 323, 325, 452 and 506 all read with Section 149 IPC in addition to Sections 147 and 148 IPC were framed on 15.01.2023 against the said five accused persons. After the examination of PW-1 and PW-2, an application under Section 319 Cr.P.C. was filed by the complainant Sushila Saini, who, as per the case of the prosecution, was an eye witness and wife of the injured Suresh Kumar Saini and the said application was forwarded by the State and the Judicial Magistrate 1st Class, Gurugram, vide order dated 12.08.2014, declined to summon the additional accused including the petitioners. In the said order, it was observed that although, PW-1 and PW-2 had stated that the petitioners therein had inflicted injuries on injured Suresh Kumar Saini, but medical evidence, although had been filed along with the report under Section 173 Cr.P.C. had not yet been proved as no expert witness had been examined till the passing of the said order. It was however observed that there were strong grounds for presuming the involvement of the said persons including the petitioners. The complainant filed a revision petition bearing No.CRR-2922-2014, challenging the said order and at the time of hearing of the case, learned counsel for the complainant had submitted that since the application under Section 319 Cr.P.C. had been dismissed by the trial Court on the ground that the medical evidence had not been produced, thus, the complainant prayed for withdrawal of the petition with liberty to file an application before the trial Court under Section 319 Cr.P.C. after leading medical evidence. The said prayer of the complainant, who had filed the said petition, was allowed and the complainant was permitted to withdraw the said petition and the liberty sought was granted. Subsequently, on 11.08.2015, PW-7 (Dr. Hazarilal, S.M.O. Bhorakalan, Gurgaon) was examined and he produced on record Ex.PW7/A, Ex.PW-7/B and Ex.PW-7/C and Ex.PX. On 05.10.2015, PW-9 (Dr. Pankaj, Consultant Radiologist Artemis Health Institute, Gurgaon) appeared in the witness box and apart from other documents, tendered, X-Ray report of patient Suresh Saini, which was exhibited as Ex.PW9/B. On 30.03.2016, PW-13 (Dr. Ritesh Kumar, Orthopedic Suregon, Giridih, Jharkhand) had appeared in the witness box and proved his report as Ex.PW13/A, which pertained to X-Ray of the injured Suresh Kumar Saini detailing fractures suffered by him. After the evidence of the said witnesses was recorded, a fresh a