1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2568 OF 2008 Ashok Revappa Sawant. ... Petitioner. Versus The State of Maharashtra & Anr.. .... Respondents. Mrs. V. R. Raje, Advocate Appointed for the Petitioner. Mrs. U. V. Kejriwal, APP for the Respondents. CORAM : BILAL NAZKI and A. R. JOSHI, JJ. DATED : 10TH FEBRUARY, 2009. P.C.: The case of the petitioner is that he is not the accused in the case and as a matter of fact because of the mistaken identity cases have been filed against him. It is disputed in the counter affidavit. It is also stated by the leaned Public Prosecutor that the charge sheet has already been filed and is pending before the Competent Court. 2. Since the trial Court will have all the materials, collected by the Police during investigation, before him this controversy also can be addressed by the trial Court. The petitioner is at liberty to move an application before the concerned trial Court. 3. It is submitted by the learned Counsel for the petitioner that such an 2 application has already been filed by the petitioner before the concerned Magistrate and the same is pending decision. The trial court to decide the same expeditiously and in accordance with law. 4. With the above directions, the writ petition is disposed of. Sd/- (BILAL NAZKI, J.) Sd/- (A. R. JOSHI, J.)