Give grounds for arrest in writing: Bombay HC to cops in Worli hit-and-run

24 September,2024 07:18 AM IST |  Mumbai  |  Apoorva Agashe

Police said Mihir Shah, named as prime accused in case, was under influence of alcohol at the time of the incident

The BMW car which was involved in the accident which killed one woman on July 7. File pic/Ashish Raje


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The Bombay High Court on Monday slammed the Worli police for allegedly not giving grounds of arrest in writing to Mihir Shah, the prime accused in the Worli hit-and-run case, in which a woman was killed while another injured on July 7, 2024.

"While hearing the habeas corpus plea filed, the court came down heavily on the Worli police and directed them to file a written affidavit stating the reasons for the arrest," said advocate Arun Bhuta, representing Shah.

The HC has scheduled the next hearing for October 9.

Shah is the son of a former Shiv Sena (Eknath Shinde) functionary from Palghar. He was arrested on July 9, two days after he allegedly rammed the BMW car into a two-wheeler in the Worli Sea Face area, killing a woman. The car belongs to his father, Rajesh Shah.

Shah allegedly ran over Pradeep Nakhwa and his wife Kaveri Nakhwa, who were on a scooter, near Atria Mall. While Pradeep escaped the incident with minor injuries, Kaveri was dragged for around three kilometres on the bonnet.

Shah's advocate said that in such cases, the reasons for the arrest have to be given in writing to the accused. "Under Section 50 of the CrPC, the accused must be informed of the grounds of arrest in written format. The Worli police had failed to do so; hence, we had filed a habeas corpus in the Bombay HC." Bhuta said.
Speaking to mid-day, Pradeep expressed his displeasure over the investigation so far. "We want the murder section [against the accused] as it was a deliberate attempt. First he [Shah] was arrested after 48 hours, and now there are loopholes," Pradeep said.

mid-day tried to contact Deputy Commissioner of Police Krishnakant Upadhyay, but he was not available for comment.

According to the police, Shah, who has been named as the prime accused in the case, was under the influence of alcohol at the time of the incident. However, he tested negative in blood reports.

On August 21, the HC had directed the police to file an affidavit in response to the petition filed by Shah and his driver and co-accused Rajshri Bidawat, seeking release from custody claiming ‘illegal arrest'.

July 7
The day incident took place

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