IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.633 of 2009 Jitan Kisku alias Ghachang, son of German Kisku, resident of Village Lohagara Bindaban, Police Station-Dighalbank, District-Kishanganj ------------- Petitioner. Versus 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The D.G.P., Bihar, Patna. 3. The Superintendent of Police, Kishanganj. 4. Officer In-charge, Dighalbank. 5. Investigating Officer of Dighalbank, P.S. Case No.97 of 1988 ----- --- Respondents. --------------- 2. 13.8.2009 Heard Mr. Radha Mohan Singh for the petitioner, and Mr. Lalit Kishore, learned Additional Advocate General No.3. According to the writ petition, the petitioner is an accused in S.T. No. 575 of 1989, arising out of Dhigalbank P.S. Case No.97 of 1988, registered under sections 147, 148, 149, 324 and 307 of the Indian Penal Code, the trial is in progress, and the witnesses are being examined. It is further stated in the writ petition that three prosecution witnesses have deposed to the effect that the petitioner is actually not an accused in a case and it is a case of mistaken identity. We are afraid, it raises an issue of fact and has to be decided by the trial court. In our view, it is a frivolous writ petition and is a gross abuse of the process of the Court. The writ petition is, therefore, dismissed with the direction to the learned trial court to dispose of the trial expeditiously, being a very old matter, and shall inter alia adjudicate the identity of the present petitioner. Vinay/ ( S. K. Katriar ,J. ) ( Jyoti Saran, J.)