( 1 ) THIS Revisional Application has been filed under Section 401 read with section 482 of the Cr. RC. against the order dated 09. 07. 2003 passed by the learned Judicial Magistrate, 3rd Court, Bishnupur, District Bankura in G. R. Case no. 38 of 2003 arising out of Joypur Case No. 5 of 2000 under Section 279/ 304a I. P. C. Case of the petitioner is that, the above mentioned Criminal Case was started on the basis of the written complaint submitted by one Pirupada dey on 22. 02. 2000 stating therein that his brother-in-law Hari Nandi was travelling by S. B. S. T. C. bus bearing No. WB-39-3604. Said Hari Nandi was travelling on the roof of the Bus and in so doing, he received injury on his head by a branch of a tree and he was sent to Joypur Primary Health Centre for treatment by the public. Subsequently he was transferred to Bishnupur Hospital and from there to the P. G. Hospital, Kolkata where he expired on 26. 7. 2003. It has been alleged in the written complaint that due to the rash and negligent driving on the part of the driver as well as due to the negligence of the conductor of the said bus, the victim sustained injury. On the basis of the said written comp