SANJAY KUMAR GUPTA, J. - (1.)It is contended in the petition that on 31.12.2011, the son of the petitioner who was on his way from Jammu to Akhnoor on Motorcycle No. JKO2AB-3399 and on reaching Patoli, near "Karan Palace" a Bus bearing registration No.0795-JK02AC, being driven by the driver in a rashly and negligently manner, hit one Kewal Kumar-son of the petitioner. Due to rash and negligent driving of the Bus driver, the accident occurred and the son of the petitioner died on spot. Postmortem was conducted by the Board of Doctors at Govt. Medical College and Hospital Jammu and a FIR No.374/2011 under Section 279/304-A RPC was registered with the Police Station Domana. The investigation of the case was conducted by the Investigating Officer without appreciating the FIR wherein it has been specifically mentioned that the Bus driver who was driving the Bus negligently and rashly hit the Motorcycle by crossing the wrong side, without recording the statement of any witness on spot who were present there and produced the closure report alleging therein that the accident has occurred because of the negligence on the part of the Motorcycle driver.
(2.)The closure report was transferred to the 2nd Addl. Munsiff, Judicial Magistrate 1st Class who consequently without issuing any notice to the petitioner accepted the closure report by virtue of order dated 25.01.2012.
(3.)The petitioner being aggrieved by the investigation conducted by the Investigating Officer, has challenged the same by stating that I/O has conducted the investigation in a clandestine manner and closed the case by declaring that the deceased driver of the Motorcycle was negligent who hit the Bus and died on spot. The petitioner being the father of the deceased sought the indulgence of this Court by invoking the inherit jurisdiction under Section 561-A Cr.P.C. for seeking direction to respondent No.2 to re-investigate the case, as it is alleged that the closure report submitted by the respondent Nos. 3 and 4 is glaring misuse of the powers and the investigation has been conducted in a casual manner and without recording the statement of any witness on spot