IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.705 of 2008 KUMAR OM PRAKASH YADAV @ OM PRAKASH YADAV SON OF LATE BHIBHIKHAN YADAV, RESIDENT OF VILLAGE BABHANGAMA, P.S. SHIVNARAYANPUR, DISTT- BHAGALPUR ………PETITIONER. Versus 1. THE STATE OF BIHAR 2. SUPERINTENDENT OF POLICE, BHAGALPUR 3. RAMESHWAR PASWAN, A.S.I. SCHEDULE CASTE AND SCHEDULE TRIBES POLICE STATION (S.C. & S.T.), DISTT- BHAGALPUR ……RESPONDENTS. ----------- 3. 3.3.2009 This application has been filed for quashing the order dated 15.7.2008 passed by the learned Chief Judicial Magistrate, Bhagalpur in S.C. S.T. P.S.case No.26 of 2007, whereby the warrant of arrest has been issued against this petitioner. Further prayer made by the petitioner is to hold an enquiry under Section 340 of the Code of Criminal Procedure as according to the petitioner interpolations have been made in the first information report. First information report bearing S.C. S.T. P.S.case No.26 of 2007 was registered against Umesh Yadav and Binda Yadav. According to the respondents, during the course of investigation it transpired that the petitioner in fact is Umesh Yadav, who also carries the surname Om Prakash Yadav and accordingly corrections have been made in the first information report and on the basis of the requisition made by the Investigating Officer warrant of arrest has been issued. Mr. Ranjan Kumar Jha, appearing on behalf of the petitioner submits that petitioner is altogether a different person 2 and therefore he ought not to have been made accused as Umesh Yadav alias Om Prakash Yadav. I am afraid, present is not an appropriate proceeding to go into this question as to whether the alias name of Umesh Yadav as mentioned in the first information report is Om Prakash Yadav. It requires investigation. This Court in exercise of its writ jurisdiction would not like to go into that. Aforesaid observation, however, shall have no bearing either during the course of investigation or trial. Application stands dismissed with the observation aforesaid. Narendra/ (Chandramauli Kr. Prasad, ACJ.)