Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.642 of 2012 ====================================================== Bimlendra Kumar Mishra S/O Late Dashrath Mishra Resident Of Village & P.O.- Jagatpur, Police Station- Rahika, District- Madhubani .... .... Petitioner Versus 1. The State Of Bihar 2. The Director General Of Police Bihar, Patna 3. The Inspector General Of Police Muzaffarpur Zone, Muzaffarpur, Bihar 4. The Deputy Inspector General Of Police Muzaffarpur Zone, Muzaffarpur, Bihar 5. The Senior Superintendent Of Police Muzaffarpur, Bihar 6. The Deputy Superintendent Of Police Muzaffarpur East Muzaffarpur 7. The Officer-In-Charge Gaighat Police Station Within The District Of Muzaffarpur 8. Vanarash Paswan S/O Not Known A.S.I. Of Police The Investigating Officer, Gaighat Police Station Muzaffarpur 9. Umanath Mishra S/O Late Krishnanand Mishra Resident Of Village & P.O.- Jagatpur, Police Station- Rahika, District- Madhubani .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Prafull Chandra Jha, Advocate. For the Respondents : Mr. Vinay Kirti Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-11-2012 On the basis of the fardbeyan of Chaukidar Md. Islam Momin Gaighat P.S.Case No.155 of 2010 dated 26.06.2010 was registered under [STATUTE] against unknown vehicle driver and investigation was taken up. In the said incident, the son of the petitioner had died. In the present writ petition, a prayer has been made to direct the respondent authorities, specially, the Senior Superintendent of Police, Muzaffarpur, to take disciplinary action against the respondent nos.6 and 7 who are not investigating and Patna High Court CR. WJC No.642 of 2012 (2) dt.08-11-2012 2 supervising the aforesaid case properly. The petitioner further intends that a direction be issued by this Court to the investigating agency to submit chargesheet under [STATUTE] against private respondent nos.9 to 12 as the petitioner suspects that they may be involved in the killing of his son. In my view, the prayer made on behalf of the petitioner cannot be allowed. Once a cognizable offence is reported to the police, it is for the police to see who the offenders are. The court cannot direct the investigation to be carried out in a particular manner. As a matter of fact, any such direction would be considered as undue interference in investigation. However, in the facts and circumstances of the case, I direct the investigating agency to promptly investigate the case and submit its report to the court concerned as early as possible. The investigating agency would be free to submit such report as it deems fit and proper in the facts and circumstances of the case and subject to the result of the investigation. With these observations, the writ petition is disposed of. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 304A

Statute Text:
Section 304A of the Indian Penal Code. Causing death by rash or negligent act. Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.