MEENA TYAGI Vs. STATE OF MP AND ORS

JUDGEMENT

(1.) This writ appeal filed under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005 assails the final order dated 24.4. 2017 passed in W.P. No. 2176/2017 by which the petition in question filed by one Smt. Meena Tyagi seeking direction to the police authorities to take into account certain mobile recording during investigation of crime no. 719/2016 registered at police station Bahodapur against the husband (Ramhet Tyagi) and son (Deepak Tyagi) of the petitioner appellant, has been dismissed on the ground of appellant/petitioner having no locus.

(2.) Learned counsel for the petitioner placing reliance on earlier decision of this bench in W.A. No. 119/2017 and 83/2017 contends that the writ court was wrong in holding that the petitioner appellant is not privy to the cause raised. It is submitted that the petitioner/appellant being the mother and wife of the accused falls within the definition of "victim" as per Sec. 2 (w) (a) of the Cr.P.C being the guardian and legal representative of the accused and therefore the petitioner appellant had a right to seek writ of mandamus for direction to the police authorities to conduct free and fair investigation against the accused (husband and son of the petitioner).

(3.) It is not disputed that against the son and husband of the petitioner/appellant offence punishable u/S. 304 B of dowry death is registered which is under investigation.