IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.311 of 2009 MD.KADIR SON OF LATE MD. FARUQUE, RESIDENT OF VILLAGE MARIPUR, P.S. MANIYARI, DISTRICT MUZAFFARPUR. Versus 1. THE STATE OF BIHAR 2. THE SUPERINTENDENT OF POLICE, MUZAFFARPUR. 3. THE DEPUTY SUPERINTENDENT OF POLICE, MUZAFFARPUR. 4. THE OFFICER-IN-CHARGE CUM INVESTIGATING OFFICER OF MUZAFFARPUR SADAR, P.S. CASE NO. 295 OF 2007. ----------- 2/ 07-07-2009 The petitioner has prayed for a direction to conduct further investigation into Muzaffarpur Sadar P.S.Case No.295 of 2007, under sections 279, 337 and 338 of the Indian Penal Code. Petitioner’s contention is that the F.I.R. relates to an incident of accident which took place on 04.09.2007 wherein several passengers of a bus including petitioner’s father, namely, Md. Faruque, who was also traveling in the said bus, had received injury due to the accident because of rash and negligence driving by the bus driver. Petitioner’s further grievance is that his father ( Md. Faruque ) died on 05.09.2007 in course of treatment in S.K.M.C.H., Muzaffarpur. It is stated that the Investigating Officer of the case being in collusion with the driver and owner of the Bus submitted a charge-sheet against the driver for offences under section 279, 337 and 338 of the I.P.C. with respect to the injuries on other passengers but the Investigating Officer did not take into account the injuries and the death of petitioner’s father as a result of the injury and charge sheet under section 304 A was not filed. Therefore, the petitioner prays for a further investigation to bring into on record these facts and submission of charge sheet according to - 2 - law. It appears that an alternative remedy to the petitioner in the matter is that he could file a protest petition against the Investigating Officer or even after submission of charge sheet the petitioner could very well approach the concerned Chief Judicial Magistrate praying for a further investigation into the case in view of the facts and circumstances, stated by the petitioner before this Court. Thus, in the circumstances, since effective alternative remedy already available to the petitioner, I find no reason to pass any order in this regard, so far as the petitioner is concerned. The petitioner will avail the alternative remedy. He may file a petition before the learned Chief Judicial Magistrate bringing on record all the facts and circumstances and thereupon the learned Chief Judicial Magistrate, after perusal of the case diary and on consideration of the material as shown by the petitioner, will pass necessary orders. This application is disposed of with the observation, aforesaid. ( C.M.Prasad, J ) BTiwary/