MIHIR RAJESH SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These Appeals being Criminal Appeal No.2195 of 2025, Criminal Appeal No.2189 of 2025 and Criminal Appeal No.2190 of 2025 were originally filed as Special Leave Petitions where leave was granted vide Order dtd. 22/4/2025. Since, in all these Appeals similar questions of law are involved, they are being decided by this common judgment. Special Leave Petition (Criminal) No.8704 of 2025 was tagged with the above-mentioned matters vide Order dtd. 2/6/2025.

(2.) The main issue as raised by the Appellants in these Appeals is the violation of the Appellants' right under Article 22(1) of the Constitution of India and Sec. 50 of the Code of Criminal Procedure, 1973 ("CrPC 1973") now Sec. 47 of Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS 2023") as the appellants assert that they were not informed of grounds of their arrest in writing.

(3.) For convenience, Criminal Appeal No. 2195 of 2025 is taken as the lead case. The facts in a nutshell are that on 7/7/2024, a white BMW car, driven at a high speed, collided violently with the complainant's scooter from behind. The force of the impact propelled both the complainant and his wife onto the car's bonnet, whereby the complainant was thrown to the side, and tragically, his wife became ensnared between the vehicle's front left wheel and bumper. Notwithstanding this grievous state, the driver, alleged to be Mihir Rajesh Shah, the Appellant herein, persisted in his reckless flight, dragging the victim, thereafter absconding without rendering assistance or reporting the incident to authorities. The victim succumbed to the severe injuries sustained in this collision, as medically confirmed, while the complainant sustained minor injuries. FIR No. 378/2024 was registered at Worli Police Station under the relevant provisions of Bharatiya Nyaya Sanhita, 2023 ("BNS 2023"), and the Motor Vehicles Act, 1988. Initial investigative steps included the identification of the offending vehicle through CCTV footage, and the discovery near Kalanagar Junction Flyover of the damaged BMW alongside Rajrishi Rajendra Singh Bindawat and Rajesh Shah, father of Mihir Rajesh Shah (hereinafter, "Appellant"). Arrests soon followed, with co-accused Rajrishi Rajendra Singh Bindawat being taken into custody on the same day and Mihir Rajesh Shah being apprehended on 9/7/2024. The evidence collected firmly established the Appellant as the driver at the material time, including CCTV footage capturing his presence at the wheel, consumption of alcohol shortly before the incident, an attempt to alter his appearance, and use of a Fastag registered in his name, amongst other incriminating particulars.