Debi Prosad Dey, J.

1. The family members of the petitioner, while returning by one Tata Sumo bearing No. WB 16-F 6566 on 6th October, 2008 at about 23.15 hours to Panchra through Tarakeswar-memari road near Chowberia bridge fell in D.V.C. cannel and in all ten members of the petitioners family died by drowning. On the following day one Hafizur Rahaman Mallick lodged a written application before the Officer in charge of Jamalpur police station and on the basis of that written complaint Jamalpur PS case No. 121 of 2008 dated 7th October, 2008 under Sections 279/388/427/304A and Section 304 of the Indian Penal Code was started against respondent no.7, being the driver of that vehicle. The defacto complainant Hafizur Rahaman Mallick is not a relation of the petitioner. The petitioner thereafter submitted a written complainant before Officer in charge of Jamalpur police station on 2nd November, 2008 stating inter-alia that one Sankar Mallick, a teacher of secondary school and owner of the said Tata Sumo vehicle, was a friend of deceased Ashim Kumar Rakshit and Sankar Mallick accordingly allured Ashim Kumar Rakshit and his family members to take the vehicle for visiting various