- (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. On the other hand, Mrs. Alka Bhatnagar, the learned Public Prosecutor, has contended that the petitioner has not submitted any document which, in fact, shows that he is Dharm Singh S/o Raghunath. Therefore, the contention raised by the learned counsel for the petitioner cannot be accepted as a gospel truth. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. It is not for this Court to go into the actual identity of petitioner Nos. 1&2. Since the trial Court has passed the order against Dharm Singh S/o Darav Singh, summons have been issued in the name of Dharm Singh s/o Darav Singh, it is for the trial Court to first examine and establish the identity of the petitioner, before proceedings further with the trial. Therefore, the petitioner Nos.1&2 are directed to appear before the learned trial Court on 7th December, 2009 and to establish their identity as claimed by them before this Court. In case, the learned trial Court comes to the conclusion that the petitioner No.1 is not Dharm Singh S/o Darav Singh and petitioner No.2 Premwati w/o Dharm Singh who is son of Raghunath, then it should pass the necessary orders for summoning Dharm Singh S/o Darav Singh and not for summoning Dharm Singh S/o Raghunath. With these observations, this revision petition is disposed off.;