Home Nation News HC Asks Petitioner’s Locus Standi Over PIL Seeking Culpable Homicide Charge

HC Asks Petitioner’s Locus Standi Over PIL Seeking Culpable Homicide Charge

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HC Asks Petitioner’s Locus Standi Over PIL Seeking Culpable Homicide Charge

Last Updated: January 10, 2023, 16:04 IST

Mistry (54) and Jehangir Pandole were killed on September 4 when their luxury car hit a divider on a bridge on Surya river on the Mumbai-Ahmedabad highway

Mistry (54) and Jehangir Pandole have been killed on September four when their luxurious automobile hit a divider on a bridge on Surya river on the Mumbai-Ahmedabad freeway

While listening to the PIL on Tuesday, a division bench of appearing Chief Justice S V Gangapurwala and Justice Sandeep Marne sought to know Jedhe’s locus standi within the case and the way the excessive courtroom can do the job of a Justice of the Peace

The Bombay High Court on Tuesday sought to know a person’s locus standi, his proper to method the courtroom, over his PIL looking for the inclusion of culpable murder cost in opposition to Dr Anahita Pandole, who was driving the automobile that crashed and killed former Tata Sons chairman Cyrus Mistry.

Petitioner Sandesh Jedhe, who claims to be a self-spirited citizen involved about street security, in his PIL sought a route to Kasa police station in Palghar district to invoke part 304 (culpable murder not amounting to homicide) of the Indian Penal Code, in opposition to the accused within the accident case.

Mistry (54) and Jehangir Pandole have been killed on September four when their luxurious automobile hit a divider on a bridge on Surya river on the Mumbai-Ahmedabad freeway. Dr Anahita Pandole (55), who was on the wheel, and her husband Darius Pandole have been severely injured.

The police later registered a case in opposition to Anahita Pandole for rash and negligent driving.

While listening to the PIL on Tuesday, a division bench of appearing Chief Justice S V Gangapurwala and Justice Sandeep Marne sought to know Jedhe’s locus standi within the case and the way the excessive courtroom can do the job of a Justice of the Peace.

“This is a job of a magistrate. It is the magistrate who can decide what charges to put. You (petitioner) want the high court to do the functions of the magistrate? What is your locus standi? How are you concerned in this case?” the courtroom requested.

The bench added that the involved police can add any cost and it’s for the Justice of the Peace to contemplate the identical and see if any extra cost must be included.

Jedhe’s advocate Sadiq Ali claimed that the petitioner has proof that Anahita Pandole was inebriated on the time of the accident.

In his petition, the petitioner refers to a CCTV footage allegedly indicating that Anahita Pandole had been consuming liquor at a café on the earlier evening (September 3, 2022) earlier than she drove the car carrying Mistry, amongst others.

Senior counsel Rafique Dada, showing for Darius Pandole, hunted for the PIL to be dismissed.

Appearing for Anahita Pandole, senior counsel Abad Ponda stated, “It is premised on the imagination that she was under alcohol. There were tests conducted by the police.” Public prosecutor Aruna Kamat Pai, showing for the police, clarified that “The tests were negative.” Ali then claimed that he has extra materials to show his case and sought a final probability. The courtroom then posted the matter for additional listening to on January 17.

The petition additional states that Darius Pandole must also be charged with the offence underneath part 304 IPC together with Anahita Pandole, as he was the proprietor of the car, and he had not prevented his spouse from driving the car regardless of allegedly being conscious of “her consuming habits”.

The petitioner further claimed that Darius Pandole had prior knowledge about Anahita’s alleged aggressive driving because of which the vehicle is stated to have been slapped with seven traffic challans for over speeding and jumping signals.

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(This story has not been edited by News18 workers and is revealed from a syndicated information company feed)

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