IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1136 of 2008 Gopal Prasad Singh, son of Birendra Prasad Singh, resident of Village Basudeopur Chandel, P.s. Mahnar, District- Vaishali. ……. Petitioner Versus 1.The State Of Bihar through the D.G.P., Bihar 2.The Traffic S.P., Patna 3.Officer-in-charge, P.S. Mahnar, District- Vaishali …… Respondents ----------- 3. 18/05/2009 Heard learned counsel for the petitioner and learned counsel for the State. In this writ application, petitioner has alleged that he is being victimized due to mistaken identity. Learned counsel for the petitioner submits that in G.R.Case No.997 of 2004 corresponding to Tr.No.49 of 2004 pending in the court of Judicial Magistrate 1st Class, Patna, one Gopal Singh, son of Laldeo Singh is the accused. He submits that the said accused after being released on bail has absconded. Consequent to his absconding, fresh warrant of arrest has been issued against the said accused but due to similarity of name, police, particularly, police of Mahnar police station is harassing this petitioner, who is Gopal Prasad Singh son of Birendra Prasad Singh. It is submitted that this petitioner is an employee of Times of India and - 2 - in proof of the identity of this petitioner, identity card issued by the Times Group, his job certificate, and voter’s I-Card have been annexed with this writ application as Annexure- II series. It is also submitted that on the request of the petitioner, S.P.(Traffic), Patna ordered for an enquiry and an enquiry was accordingly held by a sub-Inspector of Police (Traffic) and report was submitted to the S.P.(Traffic), copy whereof is contained in Annexure-B to the counter affidavit filed by the Respondents. It is pointed out that this report shows that the actual accused in the said case is Gopal Singh son of Laldeo Prasad Singh of the village and against whom charge sheet was submitted in the case. Referring to these documents, learned counsel for the petitioner submits that it is amply established that this petitioner is not the accused named in the abovesaid case and therefore, he is being illegally harassed by the police. The documents referred to by learned counsel for the petitioner prima facie establish his identity as Gopal Prasad Singh son of Birendra Prasad Singh. In the circumstances, to - 3 - put to an end to this confusion, petitioner is directed to appear before the learned Judicial Magistrate 1st Class, Patna in G.R.Case No.997 of 2004 corresponding to Trial No.49 of 2004 and produce all the materials in proof of his identify with a prayer to the court to issue necessary direction to the police with regard to the steps to be taken in the case against the correct accused person charge sheeted in the case. If the petitioner produces all the materials available to him in support of his correct identify, the court below shall examine the same and if necessary, hold enquiry and come to a final conclusion about the identity of the correct accused of the case and thereafter, shall pass appropriate orders to the police in this regard. It is made clear that till the enquiry is completed by the learned court below and unless and until it is held that the petitioner is the same person as accused charge sheeted in the case, he shall not be arrested in the case. With the above observations and directions, this writ application is disposed of. Pradeep/ (J. N. Singh, J.) - 4 -