IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1144 of 2007 NANDJEE SAH Versus THE STATE OF BIHAR & ORS ----------- 3 25.11.2008 Heard counsel for the petitioner and the State. The petitioner seeks a direction to the respondent authorities for awarding compensation and damages for executing warrant of arrest against him whereas the said warrant of arrest was issued by the learned S.D.J.M., Hajipur, Vaishali for arrest and production of respondent no.7. He further prays for taking appropriate legal action against Chaukidar Nand Kishore Rai, respondent no.6 who wrongly identified the petitioner as an accused leading to his imprisonement. Learned counsel for the petitioner submits that it would appear from Annexure-1 that respondent no.7 one Nand Lal Sah son of Sri Mahadeo Sah, resident of Village, P.O. & P.S. Goraul, District Vaishali is an accused in Complaint Case No.C-2-64/06 under section 47 of the Weights and Measurement (Enforcement) Act, 1988. Furthermore learned S.D.J.M., Vaishali at Hajipur also issued warrant of arrest against Nand Lal Sah, respondent no.7 in Trial No.1993/07. The petitioner asserts that he is neither an accused nor any warrant was issued against him by any court much less S.D.J.M., Vaishali. It is alleged that local Chawkidar Nand Kishore Rai, respondent no.6, on the basis of wrong identification got the petitioner arrested. Learned counsel submits that the name of the petitioner is Nandjee Sah and not Nand Lal Sah. However, the father’s name of - 2 - KHAN both the petitioner and respondent no.7 are identical as Mahadeo Sah. He submits that the petitioner belongs to Village Keshrawan, P.S. Kurhni, District Muzaffarpur which is in the vicinity of the village of respondent no.7. He submits that on account of wrong identification the petitioner has suffered imprisonment for 1-2 days. He further submits that appropriate legal action should be taken against the Chaukidar Nand Kishore Rai, respondent no.6 who acted in most irresponsible manner in identifying the petitioner as an accused in place of Nand Lal Sah. He further submits that the petitioner has also filed a representation before the Superintendent of Police, Vaishali at Hajipur for needful and also taking appropriate action against the said Chaukidar. Considering the facts and circumstances of the case, this court is of the view that the Superintendent of Police, Vaishali at Hajipur should dispose of the representation of the petitioner, after affording him an opportunity of being heard, within four weeks from the date of receipt/production of a copy of this order. (S.P.Singh,J)