look news india
Mumbai: In cases like hit-and-run accidents, giving the reason for the arrest of the accused is a mere formality and not doing so makes no difference. The court made this observation while reserving its order on the acquittal petition filed by former Shiv Sena leader’s son Mihir Shah and his driver Tha Shah are accused of killing a woman by hitting her with a BMW car.
Shah and his driver Rajrishi Bidawat claimed in the petition that the police did not follow Section 50 of the Code of Criminal Procedure while arresting them. Under this section, the police have to give complete information about the crime at the time of arrest.
The court said that it was aware of several judgments given by the Supreme Court on this issue, but wondered whether in a case like a hit-and-run accident or murder, the accused could make such a claim for the same reason.
If an accident has taken place and the person has been caught red-handed, then where does the question of reason for arrest arise? The accused in this case is clear. The woman got hurt and so did the car. The accused was in such a hurry that he even forgot his Fastag card at Bandra Worli Sea Link toll.
How can it be said that the reason for the arrest has not been stated and hence the arrest can be cancelled? In our opinion this is just a formality. The judge said that the facts and circumstances of each case are different and have to be dealt with accordingly.
This is a test case for us. What is the importance of telling the accused the reason for arrest when the case is clearly established from circumstantial evidence? This question was asked to the court. The court said that the order will be pronounced on November 21.
We will not touch the facts of the case. We will only examine whether there is a need to state the reason for arrest or not, the judge said.
A 45-year-old woman, Kaveri Nakhwa, who was traveling with her husband Pradeep on a two-wheeler in Worli area, was hit by Shah’s car, a BMW Karam. Two days after the incident, Shah was arrested on 9 July. Shah’s driver Bidawat was present in the car and he was also caught at the time of the incident. Both are currently in judicial custody.
Shah and Bidawat claimed in the habeas corpus petition that the arrest was illegal. Shah demanded the lower court to cancel the order of police remand and court custody. Havana police claimed that Shah was drunk at the time of the incident.