Judgement of the Day-Neetu Kumar Nagaich v The State of Rajasthan & Ors.

Neetu Kumar Nagaich v The State of Rajasthan & Ors.

WRIT PETITION (CRL.) NO.141 OF 2020

Facts

The deceased aged 21 years, a 3rd year student at the National Law University Jodhpur, was the

only son of the petitioner. She seeks justice to unravel the mystery of her son’s homicidal death,

dissatisfied with the investigation carried out by the State Police. The investigation has reached a

dead end without identification of the offenders. The prayer in the writ petition is therefore for a

mandamus to transfer the investigation in FIR No.155 of 2018 dated 29.06.2018 registered under

Section 302 of the Indian Penal Code at the Mandore Police Station, Jodhpur City, Rajasthan to

the Central Bureau of Investigation. Nagaich had been found dead on 14th August, 2017, under

unnatural circumstances near the railway tracks opposite the University, after going out with his

friends for dinner the night before. The plea contends that the University had been reluctant to

inform the parents of the deceased, up until a group of friends of the deceased forced them to do

so. Further, apparently statements were made to the media, which depicted that the deceased had

committed suicide as he was suffering from depression. Additionally, no efforts had been made

by the Police to apprehend suspects. In 2019, the Petitioner-Mother had approached Rajasthan

High Court, seeking for the constitution of a Special Investigation Team (SIT). However, in

February of this year, the petition was disposed of with the observation with the mere direction

that the Investigating Officer may thoroughly investigate the matter.

Judgment

A Bench comprising of Justices RF Nariman, Navin Sinha and Indira Banerjee further set aside

the closure report filed by the Rajasthan Police in the investigation. The Supreme Court on

Wednesday directed for a de novo investigation to be carried out in a plea seeking for a transfer

of investigation from the State police to the Central Bureau of Investigation (CBI) into the

mysterious death of Vikrant Nagaich, a 3rd-year student at National Law University, Jodhpur, in

August 2017. No officer who was part of the investigating team leading to the closure report

shall be part of the team conducting de novo investigation. The highest court directed that such

fresh investigation must be concluded within a maximum period of two months from today and


the police report be filed before the court concerned whereafter the matter shall proceed in

accordance with law.

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