ORDER

The revision petitioner challenges the order dated 5.1.2010 passed by the J.F.C.M-I, Mavelikara dismissing his application filed as C.M.P.No.7004/2009 requesting for further investigation of the case.

2. On 20.11.2009, the Station House Officer, Mavelikkara filed a final report under Section 173(2) Cr.P.C against the driver of a stage carriage bus by name “Rahmath” bearing Registration No. KL 4 N 9303 for offences punishable under Sections 279 and 337 IPC.

3.. The case of the prosecution is that the aforesaid bus collided with another bus by name “Al Noore” bearing Registration No. KL -29-A-8278 resulting in injuries to the passengers.

4. According to the revision petitioner, himself and his wife Saraswathi Amma were passengers in the “Rahmath” bus and the petitioner's wife sustained grievous hurt in the same occurrence. However, the police did not question the petitioner or his wife during the stage of investigation. He, therefore, filed the aforesaid petition before the Magistrate praying for further investigation. Since the petitioner had invoked Section 156(3) and 173(8) Cr.P.C, the learned Magistrate dismissed the application saying that Section 156(3) Cr.P.C cannot be invo