ABDUL LATIF Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) IN the present application, filed under Articles 226 and 227 of the Constitution of India, the prayer of the petitioner in paragraph No. 1 is as under:

(2.) ONE Choukidar, namely, Doman Rai, gave his fardbeyan before the A.S.I. Dandkhora police station on 11th March, 2013 alleging, inter alia, that while he was on duty to control law and order on the occasion of Mahashivratri as well as Bharidih fair, he got information at around 10.40 A.M. that a Safari vehicle was overturned and several persons sustained injuries in that incident. On such information he reached at the place of occurrence and found that an unnumbered white color Safari vehicle was overturned and one person was dead and two others were seriously injured. The injured persons were immediately taken to Dandkhora Health Center on tempo. The deceased was identified as Shamim Akhtar, son of the petitioner and other two injured were identified as Amir Hussain and Raju Biswas. It was further alleged that due to negligent driving of the driver of the un -numbered Safari vehicle, son of the petitioner Shamin Akhtar had died and two others were injured. On the basis of the said information Dhandkhora P.S. Case No. 29 of 2013 was registered on 12th March, 2013 for the offences punishable under sections 279, 337, 338 and 304A of the Indian Penal Code against the driver of the vehicle and investigation was taken up. While the matter was still pending for investigation, the petitioner filed a complaint under sections 190 and 200 of the Code of Criminal Procedure in the court of Chief Judicial Magistrate, Katihar -vide Complaint Case No. 645 of 2013. The learned Chief Judicial Magistrate, Katihar, referred the said complaint to the police under section 156(3) of the Code of Criminal Procedure for investigation, pursuant to which another F.I.R. -vide Dandkhora P.S. Case No. 43 of 2013 was registered under sections 302, 201 read with sections 34 and 120(B) of the Indian Penal Code against four named accused persons. The police investigated both the cases. In the first case i.e., Dhankhora P.S. Case No. 29 of 2013 a report under section 173 of the Code of Criminal Procedure was filed on 10th June, 2013 -vide Final Report No. 54 of 2013 under sections 279, 337, 338 and 304A of the Indian Penal Code. In the final report the police have held that the aforesaid vehicle in question was being driven by the son of the petitioner Shamim Akhtar who is already dead. In the second case i.e., Dhankhora P.S. Case No. 43 of 2013 the police have submitted Final Report No. 53 of 2013 on 10th June, 2013 and held the case to be a mistake of fact.

(3.) LEARNED counsel for the State has contested the matter. He has submitted that the investigation of the case has been carried out in a fair and impartial manner. In course of investigation it transpired that the deceased Shamim Akhtar was the driver of the vehicle and it was due to his rash and negligent act, the vehicle had overturned.