( 1. ) THE applicant has filed this repeat application under Section 439, Cr. PC for grant of bail, as his earlier application (M. Cr. C. No. 2377/01) was dismissed on 18-6-01, as not pressed.

( 2. ) THE submission of the learned Counsel for the applicant is that the applicant is in custody in connection with Criminal Complain Case No. 366/01, which has been registered by the A. C. J. M. , Mhow, on a complaint made by the J. M. F. C. , Mhow, under Sections 107, 109, 119, 120-B, 177, 192, 193, 195, 196, 197, 198, 200, 201, 205, 215, 220, 221, 416, 419, 467, 468 and 471 of the IPC. ( 3. ) IN nutshell, the allegation against the accused in the aforesaid complaint was that a crime, bearing No. 304/2000 was registered at Police Station, Manpur and on the basis of which a Criminal Case No. 309/2000, under Section 34 read with Section 49-B of the Excise Act read with Sections 420 and 484, IPC was pending before the J. M. F. C. , Mhow, in which one Kailash s/o Meghraj Wadhwani was declared absconder and a warrant of arrest dated 29-12-2000 was issued and in execution of the aforesaid warrant, on 24-1-01 the applicant Devendra s/o Rajendra Lashkari, got himself arrested showing him to be as Kailash s/o Meghraj Wadhwani, therefore, the accused persons knowingly and intentionally with a view to involve himself in conspiracy, instigated, misrepresented and wilfully concealed the facts, abeted and designed to commit an offence, gave and prepared false information and fabricated false evidence in a judicial proceedings known to be false and the police prepared a false arrest memo showing the arrest of applicant Devendra Lashkari as Kailash Wadhwani and a case of false personation for the purpose of, to act in or proceedings in a criminal prosecution as an accused and produced before the Criminal Court. This arrest memo was prepared by constable Madanlal of P. S. Manpur. Thereafter, on 33-3-01 the Incharge Police Station, Manpur, A. S. I. Raghuvanshi submitted an identification memo of Devendra Lashkari as Kailash Wadhwani.

( 4. ) ON 19-3-01, S. D. O. (P), Mhow sent a report of identification before the Court and submitted therein that applicant Devendra s/o Rajendra Lashkari, who is under custody in the name of accused Kailash Wadhwani, is not Kailash Wadhwani, but under impersonation he is in custody in the name of Kailash Wadhwani, though really he is Devendra s/o Rajendra Lashkari. On the same day i. e. , 13-3-01, the Court granted permission to take photographs of Rajendra Lashkari, who was in custody and, thereafter, on 21-3-01, the S. D. O. (P) submitted a detailed report of identification and it was found that applicant Devendra Lashkari is in jail in the name of Kailash Wadhwani and in that connection statement of Smt. Kamlesh Lashkari, who is the mother of the applicant was also recorded and after holding a detailed enquiry and after perusal of the record of the Police Station, Manpur, the J. M. F. C. came to the conclusion that the applicant including the co-accused and police officers have committed an offence and for that he passed an order on 19-11-01 to file a complaint under the aforesaid sections before the Court of A. C. J. M. , Mhow. Thereafter, the A. C. J. M. , Mhow, after taking cognizance on the complaint, issued warrant of arrest against the applicant and other co-accused persons.

( 5. ) DURING the course of hearing of this petition for bail, it is submitted by learned Counsel for applicant that this petition became infructuous and, therefore, he does not want to press the same. After hearing learned Counsel for the parties and on perusal of record, this Court found that though the petition became infructuous and learned Counsel for applicant does not want to press it, but looking to the importance of the matter, as the question of public interest is involved in this case, it became necessary to dispose it of with certain directions to the concerned authorities.

( 6. ) IT is experienced that incidents of impersona