Background of the Incident
The tragic event occurred on July 7, 2024, when Mihir Shah, allegedly under the influence of alcohol, collided with a two-wheeler in Mumbai's Worli area. The collision resulted in the death of 45-year-old Kaveri Nakhawa and left her husband, Pradeep, injured. Shah is accused of fleeing the scene, driving with Kaveri's body lodged on the bonnet of his BMW for over 1.5 kilometers before she became entangled in the car's wheels.
Legal Proceedings and Charges
Mihir Shah, the 24-year-old son of former Shiv Sena leader Rajesh Shah, was arrested on July 9, 2024, two days after the incident. His driver, Rajrishi Bidawat, who was also present in the car at the time, was arrested on the day of the incident. Both Shah and Bidawat filed petitions claiming their arrests were illegal due to the police's failure to inform them of the grounds for their arrest, as mandated by Section 50 of the Code of Criminal Procedure (CrPC). However, the Bombay High Court dismissed these petitions, stating that the seriousness of the offense outweighed the technicalities of the arrest procedure.
Victim's Pursuit for Justice
Dissatisfied with the current charges, Pradeep Nakhawa has been urging the police to escalate the charges against Shah to murder under Section 103 of the BNS. Despite multiple letters and requests to the investigating officers and the Commissioner of Police, his appeals have not been addressed, prompting him to seek judicial intervention.
High Court's Response
A division bench comprising Justices Revati Mohite-Dere and Dr. Neela Gokhale has taken cognizance of Nakhawa's plea and issued a notice to the Mumbai Police, seeking their response. The court has scheduled the matter for further hearing after a week, indicating a willingness to examine the merits of including a murder charge in the case.
Implications of the Case
The court's decision to consider the inclusion of murder charges reflects the gravity of the incident and underscores the judiciary's commitment to ensuring that serious offenses are met with appropriate legal consequences. This case also highlights the challenges victims' families face in seeking justice and the importance of thorough investigations and responsive legal systems.
Conclusion
The Bombay High Court's intervention in the Worli hit-and-run case signifies a critical juncture in the pursuit of justice for the Nakhawa family. The forthcoming proceedings will determine whether the charges against Mihir Shah will be elevated to murder, setting a precedent for how similar cases may be addressed in the future.
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