According to the police, on March 23, 2014 around midnight, Shah was riding his vehicle in a rash and negligent way. In the 10-page charge sheet, no mention was made about the manner of the negligence.
Observing that the Shivaji Park police mechanically exercised the power of FIR registration in a most casual and cavalier manner against an applicant, harassing him unnecessarily, the Bombay High Court recently quashed and set aside the criminal proceedings initiated against him. The student, Khizeer Shah, was charged with driving his vehicle in a rash and negligent manner in 2014.
A division bench of justices Abhay Oka and Prakash Naik said, "The mere fact that the accused was driving a vehicle at high speed may not attract penal provision. The fact that a vehicle is driven in speed or is not driven in speed cannot, by itself, without judging the situation in which the driver has been placed, be a factor in determining rashness or negligence. High speed may not, in each case, be sufficient to hold that the driver is rash or negligent."
Shah, who has now completed his graduation and aspires to study abroad, said the quashing of proceedings was a major relief, as it will help him complete the formalities to travel aboard.
According to the police, on March 23, 2014 around midnight, Shah was riding his vehicle in a rash and negligent way. In the 10-page charge sheet, no mention was made about the manner of the negligence.
After going through the records, the court held, "Prima facie, no case constituting the offence, either under section 279 of IPC or under section 184 of Motor Vehicle Act, is made out. It would be an abuse of the process of law to continue such proceedings against Shah."
Appearing for Shah, advocate Farhana Shah informed the court that his client was arrested when he was returning from Andheri to Grant Road. At the same time, another accused named in the same FIR was caught while heading towards the suburbs. Both of them were on different routes and vehicles. They were neither related nor their offences, as reported, were interlinked. Yet, the two were shown as accused in the same FIR, said the lawyer.
To which the bench replied, "The casual approach of the police in incarcerating the person in criminal proceeding is required to be deprecated. Two persons are impleaded as accused in a single FIR, although the acts allegedly committed by them have no connection. The approach of police speaks volumes."
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