The main legal point established is that the court's decision was based on the medical reports, which indicated no foul play in the death of the petitioner's grandson.

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CRL.M.A. 2934/2023.

1. This is an application under Section 482 Cr.P.C. seeking the direction for implementing the order dated 29.01.2020 passed by this Court whereby the present petition was disposed of with the following directions:

"1.The petitioner has filed the present petition, inter alia, praying that directions be issued to the respondent to collect the viscera analysis report of the deceased. The petitioner has also sought other prayers with regard to the conduct of the investigation.

2. The learned counsel appearing for the State has filed a status report which indicates that the case is under examination and is being taken up on top priority. He states that the viscera report from FSL is awaited. And, based on the forensic evidence, further steps would be taken by the respondent. The concerned FSL is directed to complete the analysis expeditiously and in any event, within a period of twelve weeks from today.

3. The investigation agency shall also take necessary steps to carry out further investigation, if so warranted."

2. To recapitulate the facts of the writ petition, it is stated that this petition was filed under Article 226/227 of the Constitution of India praying for the issuance of writ in the nature of mandamus or any other appropriate writ or direction/order against the respondent for not obtaining the viscera analysis report and further praying for conducting the lie-detection test or narco analysis test on the suspects in accordance with law and for inaction/dormancy shown by the respondent on the complaint dated 13.08.2019 and 26/27.08.2019 submitted by the petitioner.

3. The facts as narrated in the petition are as under:

"1. That the succinctly states the facts that the Petitioner gave the complaints dated 13.8.2019 and 26/27.8.2019 to the Respondent stating that his maternal grandson (Nati) namely Rahul (now deceased) was residing with him and was doing the work of DJ. The deceased had left the job for last 7-8 months ago due to non-payment of his salary by his employer Amit. Thereafter, Rahul had started working for last one month at Service Centre situated in Harijan Basti, Delhi. On 20.7.2019, Krishan came to Petitioner's house and asked Rahul to play DJ, who refused to play. On 21.7.2019, Krishan came again and took him in front of Kangan Hui Gate and threatened that if his DJ was not got played, would be seen by him. Even then Rahul refused, upon which Krishan threatened to kill him. The suspects namely Mukesh and Deepak confessed in the video recording shown to the Petitioner. On 26.7.2019, said Nitish came to Petitioner's house at about 6:30 p.m. and asked Rahul to accompany to Haridwar. Rahul refused but Nitish told him that his fare would be saved and as well, would have a trip for him and also would compensate his daily wage. The Petitioner's maternal grandson went with them. Thereafter, on 27.7.2019 at about 2:30 p.m. Nitish (S) Bhandari called on Petitioner's mobile and told him that Rahul had got fits. Nitish @ Bhandari again called the Petitioner and told that Rahul had got electrocuted. Thereafter, the Petitioner called him back upon which Nitish @ Bhandari told to the Petitioner that Rahul was being taken to hospital. The Petitioner again called Nitish @ Bhandari who told the Petitioner that Rahul was being brought back to house in Ambulance. At about 6:30 p.m. all of them brought Rahul to the Petitioner's house. But, Nitish @ Bhandari did not come. The Petitioner found that Rahul had already died. The Petitioner called the Police on 100 number being created suspicion. The Police/PGR took the dead body into same ambulance to RTRM Hospital, Zafarpur, Delhi. The Doctors questioned the driver of Ambulance, who did neither have answer nor were the treatment papers available with him.

2. On 28.7.2019, a Postmortem No. 193/19 was conducted on deceased Rahul at Rao Tula Ram Memorial Hospital, New Delhi an