No evidence of negligence: HC quashes rash driving case against student
"The alleged incident occurred during the pandemic on a Sunday morning at around 7.15 am.
Due to the pandemic, very few vehicles and people were on the road. Therefore, in our view, the allegations against the petitioner about rash and negligent driving to cause hurt is unlikely to happen, and there is no evidence on record to that effect," said Justices Ajay Gadkari and Rajesh Patil on July 18.
Churchgate resident, 24-year-old Raaid Khan, a student, was booked by Marine Drive police under IPC Section 279 (rash driving on a public way).
The FIR, lodged on the complaint of a police constable, stated that on June 14, 2020, five cars were being driven recklessly and negligently from Mafatlal Bath Junction at Chowpatty to NCPA and from there towards Churchgate junction by taking "crazy turns," thus endangering the lives of the drivers as well as others.
Khan was arrested and released on bail. Since after filing of the chargesheet four years ago nothing happend, Khan moved HC to quash the case.
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Senior advocate Manjula Rao, for Khan, argued that the roads were completely empty and it was no one's case that a life was endangered or injury was caused to a person or property. The judges said it is an admitted fact that the alleged incident occurred during the pandemic period around 7.15 am. "There is no doubt that there is no loss to life or to any other property due to the alleged driving of the petitioner and the other co-accused," Justice Patil dictated the order for the bench.
The judges noted that witness statements did not disclose Khan was seen driving rashly and negligently. Except for a "bald statement" that he was driving negligently, "there was no evidence to substantiate the charge" under Section 279. Referring to Section 184 (driving dangerously) of the Motor Vehicles Act, they said it was not the prosecution's case that Khan was driving at a very high speed. "The only allegation is that the car was being driven in a 'zig-zag' manner," they added.
The judges said "no case of commission of offence alleged is made out" and "it would be an abuse of process of law to continue the present proceedings" against Khan. They directed him to pay Rs 2 lakh cost to the Bar Council of Maharashtra and Goa's Advocate Academy and Research Center within two weeks.
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