The petitioner (Ms. Neetu Kumar Nagaich), in the case of Neetu Kumar Nagaich vs State of Rajasthan and Ors. had approached the Hon’ble Court. It was by invoking its Writ Jurisdiction under Article 32 of the Constitution of India, 1950. This was in relation to the case of the demise of her only son Late Mr. Vikrant Nagaich. She seeks transfer of the case from State police to the Central Bureau of Investigation.
Brief Facts of the Case
Ms. Neetu Kumar Nagaich is the petitioner in the present case. She is the mother of Late Mr. Vikrant Nagaich. He was a third year student pursuing his legal studies at NLU, Jodhpur. On 13.08.2017, the deceased went to a restaurant with his friends in the evening. Yet he did not return on the same night. On 14.08.2017, people found the student dead at 9.00 a.m., in the open ground near the railway tracks opposite the University.
The University did not file any FIR even after knowing the incident’s occurrence. Before the parents could reach Jodhpur, the investigation agency released a press statement. They called this a suicide attempt by the deceased as he was undergoing depression.
Thereafter, the police stopped pursuing the present case. They followed no proper investigation procedure in the present case.
Arguments before the Court
The petitioner seeks to transfer the case from the State police to the CBI. The Petitioner said that the State Investigation Agencies failed to register an F.I.R. They filed the same after 10 months of the incident on 27.06.2018. The petitioner had approached the Rajasthan High Court in 2019. But the plea was disposed. The Court directed for a Special Investigation Team to probe the matter.
Despite the filing of the F.I.R. and transfer of investigation on the directions of the Hon’ble High Court, the officials of CID-CB failed to arrive at any substantial outcome on the basis of the investigation. Despite a lapse of almost three years, no charge sheet has been filed in the aforesaid matter.
Statements of the probable witnesses were not recorded. No proper investigation procedure was followed. The phone data of the deceased person is still no retrieved. The petitioner suspects that the negligent investigation is a result of probable collusion. It is to shield some high, mighty, and influential person(s). The investigation has been on a standstill.
Court’s Order
The Bench comprises of Justices Rohinton Nariman, Navin Sinha, and BR Gavai. They issued a notice in the plea filed by the mother of the deceased student.
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