IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2958 of 2010 UMESH KUMAR, SON OF LATE MATHURA PRASAD SINHA, R/O MOHALLA – WEST LOHANIPUR, P.S. KADAMKUAN, DISTT. – PATNA …………………………………..……….. PETITIOENR Versus THE STATE OF BIHAR …………. OPPOSITE PARTY. ----------- 2. 29.01.2010. Invoking the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure the petitioner has prayed for quashment of the action taken by the Investigating Officer whereby he has proceeded against him under Section 82 of the Code of Criminal Procedure though he had never absconded. It is submitted by the learned counsel for the petitioner that charge sheet was filed against one Umesh Kumar, S/o Mathura Yadav whereas the petitioner is Umesh Kumar, S/o Mathura Prasad Sinha. In essence, it is urged the petitioner though not an accused in the case in question has been proceeded by the police without any justification. Learned counsel has also invited my attention to the order taking cognizance wherein the name of the accused is Umesh Kumar, S/o Mathura Yadav. As it is a question of initiation of a proceeding under Section 82 2 of the Code of Criminal Procedure on the mistaken identity, as claimed by the petitioner, it is upon him to file a proper application before the learned Magistrate that charge sheet was not filed against him and, therefore, he could not have been proceeded under the aforesaid provision. On such application being filed, the same shall be properly dealt with as per law. With the aforesaid direction, this criminal miscellaneous application stands disposed of. Dilip ( Dipak Misra, C.J. )