Dismissed

Ismail @ Salim @ Javed Yusuf Shaikh v. the State of Maharashtra

Bombay HC21 Apr 2017WP/1440/2017

Case brief

AI extract

What is this about?

In this Writ Petition, the petitioner sought to have his name changed from Khan to Shaikh in court records. The High Court rejected the prayer due to the absence of documentary proof, noting no prior clarification had been made during arrest or trial. The order was recorded as thin.

What did the court decide?

Prayer for change of name rejected due to lack of documentary evidence.

Ismail @ Salim @ Javed Yusuf Shaikh Vs the State of Maharashtra — Bombay HC (2017) — LawSathi Research

WP.1440/2017(908)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO. 1440 OF 2017

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Ismail @ Salim@ Javed Yusuf Shaikh Vs. The State of Maharashtra

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...Petitioner

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...Respondent

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Ms. Rohini Dandekar, Advocate appointed for the Petitioner

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Mrs. G.P. Mulekar, A.P.P. for the State

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CORAM : SMT. V.K. TAHILRAMANI, &

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M.S. KARNIK, JJ. DATED :21^ST APRIL, 2017

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P.C. :

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Heard both sides.

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By judgment and order dated 18^th August, 2007 passed by the

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learned Adhoc District Judge - III and Additional Sessions Judge, Sewree, Mumbai, the Petitioner has been convicted under Section

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302 r.w. Section 34 of the Indian Penal Code in Sessions Case

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No.704 of 1999. Being aggrieved thereby the Petitioner preferred Criminal Appeal No.632 of 2008 before this Court. By judgment

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and order dated 14^th June 2013 the Appeal was dismissed.

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WP.1440/2017(908)

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The Petitioner has prayed that his name be changed from

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Ismail @ Salim @ Javed Yusuf Khan to Ismail @ Salim @ Javed Yusuf Shaikh. It is to be noted that in the chargesheet, charge and judgment of the Trial Court as well as this Court, the Petitioner's name is shown as Ismail @ Salim @ Javed Yusuf Khan.

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4 . The Petitioner was arrested in the year 1998. Neither at the time of arrest or when the chargesheet was filed the Petitioner did not state that his name is Ismail @ Salim @ Javed Yusuf Shaikh. At no point before the trial Court he stated that his name is Ismail @ Salim @ Javed Yusuf Shaikh. E ven when the Trial Judge was proceeding with the trial he did not point out that his name was wrongly stated. So also before this Court it was not stated at any point of time till the appeal was decided that his name was wrongly mentioned.

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As stated earlier the Petitioner has now prayed that his name

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be changed from Ismail @ Salim @ Javed Yusuf Khan to Ismail @ Salim @ Javed Yusuf Shaikh. However, no documentary proof has

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been produced by the Petitioner to show his name is Ismail @ Salim

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WP.1440/2017(908)

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@ Javed Yusuf Shaikh. It is not possible to change the name in the

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records at this stage without any documentary proof of the same.

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Hence, the prayer for changing name is rejected. Rule is discharged.

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Office to communicate this order to the Petitioner who is in

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Kolhapur Central Prison, Kalamba.

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(M.S. KARNIK, J.) (SMT. V.K. TAHILRAMANI, J.)

Ismail @ Salim @ Javed Yusuf Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ismail @ Salim @ Javed Yusuf Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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