IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.128 OF 2010 KRISHNA DEO MAHTO, SON OF LATE GAURI MAHTO, RESIDENT OF AGA HUSSAIN KA CHAURAHA, P.S. CHOWK, DISTRICT PATNA ……………….PETITIONER VERSUS 1. THE STATE OF BIHAR RESPONDENT THROUGH THE CHIEF SECRETARY TO THE STATE OLD SECRETARIAT, PATNA 2. DIRECTOR GENERAL OF POLICE, PATNA 3. SENIOR SUPERINTENDENT OF POLICE, PATNA 4. CITY SUPERINTENDENT OF POLICE, PATNA 5. SUB-DIVISIONAL POLICE OFFICER, PATNA CITY 6. THE OFFICER INCHARGE, KHAJEKALAN POLICE STATION, PATNA CITY 7. SRI S.D. PASWAN, INVESTIGATING OFFICER OF KHAJEKALAN P.S. CASE NO.92/2003……………………………..…RESPONDENTS ----------- 2. 26.02.2010 Heard learned senior counsel for the petitioner and learned counsel for the State. In this writ application, petitioner raises a grievance that although one Krishna Deo Yadav is an accused in connection with Khajenkalan P.S. Case No.92/2003, police is harassing petitioner due to some similarity in the name. It is submitted by learned counsel for the petitioner that accused is Krishna Deo Yadav and not Krishna Deo Mahto. Still due to confusion in identity, the police is bent upon to arrest this petitioner. He submits that a petition to that effect has been filed by the - 2 - petitioner before the Senior Superintendent of Police, Patna on 04.01.2010, a copy whereof is annexed as Anenxure-7. Still no action has been taken by Sr. S.P., Patna to ensure that the correct accused person is arrested in the case and petitioner, who is not at all involved in the case, is not harassed by the police. This Court feels it appropriate that since the petitioner has raised the dispute of identity before the Sr. S.P., Patna, he should get an enquiry held in the matter and should ensure that the Investigating officer takes steps against correct accused person only after establishing his identity. In case, on enquiry, it is established that petitioner is not an accused in the case, Senior Superintendent of Police shall issue necessary direction to the Investigating Officer in this regard. For this purpose, petitioner is directed to appear before the Senior Superintendent of Police, Patna within two weeks. If the petitioner appears and produces materials before Sr. S.P., Patna to prima - 3 - facie convince him that he is a different person, he shall issue necessary direction to the Investigating Officer for not arresting the petitioner till the enquiry is complete. With the aforesaid observations, this application is disposed of. B.T (J. N. Singh, J.)