MEENA Vs. STATE

JUDGEMENT

(1.) Through this petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C., the petitioner has prayed for a writ/direction on the respondents i.e. Police authorities to register a proper case against all the accused persons involved in the murder/conspiracy and destroying evidence in relation to the murder of her son Vikas and for handing over the investigation of the case to the CBI or some other impartial agency for further investigation.

(2.) Briefly stating the petition has been filed with the averments and allegations that the petitioner is the unfortunate mother of a young boy named Vikas aged about 15 years who use to work at Bindi factory of a certain Ram Lal Gupta in order to earn livelihood for the family. Ram Lal Gupta has a grand daughter Jyoti of the same age as Vikas. Vikas and Jyoti developed a somewhat emotional attachment for each other which was not liked by Ram Lal Gupta and, therefore he held a grudge against Vikas. The petitioner suspects that her son has been killed by some persons pursuant to a conspiracy hatched between Ram Lal Gupta and others. According to the petitioner Vijay a fellow worker who was working in the same Bindi factory has been made a scapegoat and real culprits have been left but.

(3.) Notice was issued to the respondents and a status report was filed which has confirmed the murder of Vikas sometimes late in the evening of 31.10.2003, his body having being recovered from near Railway track with injuries. After necessary investigation, the police submitted a charge-sheet under Section 302 IPC against Vijay before Juvenile Court, Vijay being Juvenile within the meaning of Juvenile of Justice Act. Report rules out the involvement of any other person in the commission of offence of murder of Vikas.