HC asks petitioner's locus standi over PIL seeking culpable homicide charge

The Bombay High Court on Tuesday sought to know a mans locus standi his right to approach the court over his PIL seeking the inclusion of culpable homicide charge against Dr Anahita Pandole who was driving the car that crashed and killed former Tata Sons chairman Cyrus MistryPetitioner Sandesh Jedhe who claims to be a selfspirited citizen concerned about road safety in his PIL sought a direction to Kasa police station in Palghar district to invoke section 304 culpable homicide not amounting to murder of the Indian Penal Code against the accused in the accident caseMistry 54 and Jehangir Pandole were killed on September 4 when their luxury car hit a divider on a bridge on Surya river on the MumbaiAhmedabad highway Dr Anahita Pandole 55 who was at the wheel and her husband Darius Pandole were seriously injuredThe police later registered a case against Anahita Pandole for rash and negligent drivingWhile hearing the PIL on Tuesday a division bench of acting Chief Justice S V Gangapurwala and Justice Sandeep Marne sought to know Jedhes locus standi in the case and how the high court can do the job of a magistrateAlso Read HC pulls up Maha govt for uncertainty over policy for permitting bike taxisThis 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 court askedThe bench added that the concerned police can add any charge and it is for the magistrate to consider the same and see if any more charge needs to be includedJedhes advocate Sadiq Ali claimed that the petitioner has evidence that Anahita Pandole was under the influence of alcohol at the time of the accidentIn his petition the petitioner refers to a CCTV footage allegedly indicating that Anahita Pandole had been consuming liquor at a cafeacute on the previous night September 3 2022 before she drove the vehicle carrying Mistry among othersSenior counsel Rafique Dada appearing for Darius Pandole sought for the PIL to be dismissedAppearing for Anahita Pandole senior counsel Abad Ponda said It is premised on the imagination that she was under alcohol There were tests conducted by the policeiquestPublic prosecutor Aruna Kamat Pai appearing for the police clarified that The tests were negativeAli then claimed that he has more material to prove his case and sought a last chance The court then posted the matter for further hearing on January 17The petition further states that Darius Pandole should also be charged with the offence under section 304 IPC along with Anahita Pandole as he was the owner of the vehicle and he had not prevented his wife from driving the vehicle despite allegedly being aware of her drinking habitsThe petitioner further claimed that Darius Pandole had prior knowledge about Anahitas alleged aggressive driving because of which the vehicle is stated to have been slapped with seven traffic challans for over speeding and jumping signalsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever