IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.39985 of 2008
Ayaz Ahmad @ Ejaj @ Adwani
Versus
State Of Bihar
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2 4.7.2011 Heard learned counsel for the petitioner and the counsel
appearing on behalf of the State.
The petitioner is aggrieved by the order dated 14.8.2008
passed in Sessions Trial No. 59 of 2008 arising out of Barharia P.S.
Case No. 16 of 2006 by the Fast Track Court No. V, Siwan.
Learned counsel for the petitioner submits that in the First
Information Report one Adwani has been named as an accused.
Processes were issued to Adwani, Son of not known which were
returned unserved as there was no such person known as Adwani. It is
submitted that later on the police has added this petitioner as one of the
accused. On the basis of the aforesaid facts, learned counsel for the
petitioner submits due to mistaken identity the petitioner is now made to
face trial under Section 302 of the Indian Penal Code.
Liberty is granted to the petitioner to show to the Court
during the trial that he is not “Adwani” named in the First Information
Report rather he is a separate individual.
At this stage, this Court cannot consider this aspect of the
matter. This application is thus, disposed of with the aforesaid
observation.
Sanjay ( Sheema Ali Khan, J.)