DHARAM SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner has challenged the order dated 20.10.2008 passed by the learned Judicial Magistrate No.3, Bharatpur, District Bharatpur whereby the learned Judicial Magistrate has taken cognizance against the petitioners for offence under Section120-B IPC.

(2.) IT is the case of the petitioner that in the complaint filed by respondent No.2, Smt. Anita, she had arrayed Dharm Singh S/o Darav Singh as the accused respondent No.4. Even the impugned order dated 20.10.2008 has been passed issuing process against one Dharm Singh S/o Darav Singh. In pursuance of the said order, summons have been issued to Dharm Singh S/o Darav Singh. However, the petitioner claims that he is Dharm Singh S/o Raghunath, and not Dharam Singh S/o Darav Singh. Similarly he claims that petitioner No.2 Prem Wati is his wife. However, as there seems to be some confusion as to the identity of the persons who have been arrayed as accused respondent in the complaint, involved the present petitioners, the identity needs to be examined thoroughly and needs to be established beyond doubted. Lastly, according to the petitioners, although they are not the accused respondents in the complaint filed by the respondent No.2, they are being harassed by the police and they are being forced to undergo a trial with which they are not concerned.