Senior criminal lawyer Rizwan Merchant has suggested an FIR for attempt to murder should be filed against Ghatkopar resident Rishabh Bibhash Chakravorthy who could be seen lifting and throwing an Ola cab driver Kaimuddin Moinuddhin Quereshi on the floor which resulted in serious skull injuries. The Parksite Police in Vikhroli who are handling the case have not made any arrests in the case.
The Free Press Journal was the first to report on the incident, which took place on August 18 outside Wadhwa The Address, located on LBS Marg in Ghatkopar West. The police have registered an FIR against Ghatkopar residents Rishabh Bibhash Chakravorthy and his wife, Antara Ghosh, for allegedly assaulting the Ola driver, identified as Kaimuddin Moinuddhin Qureshi, a resident of Govandi. CCTV footage that went viral on social media showed Chakravorthy lifting the driver and throwing him to the ground. Qureshi suffered grievous injuries to the back of his head and minor fractures to his hands and leg. After being admitted to the ICU of JJ Hospital for almost seven days, Qureshi was discharged on Thursday morning.
#WATCH | Mumbai Road Rage: Man Slaps Ola Driver, Smashes Him To Ground After Cab Brushes His AUDI In Ghatkopar#mumbainews #Mumbai pic.twitter.com/WIgpVRlq1U
— Free Press Journal (@fpjindia) August 29, 2024
The incident began when Chakravorthy’s Audi brushed against Qureshi’s Ola car near Asalpha Metro Station in Ghatkopar. During the ensuing verbal scuffle, Chakravorthy’s alleged mother snatched the Ola car’s navigation device. In an attempt to retrieve it, Qureshi followed the Audi, and in the process, his car unfortunately collided with it, leading to the assault.
In the FIR, the police added charges under sections 115 (voluntarily causing hurt), 117 (voluntarily causing grievous hurt), 351(2) (criminal intimidation), and 352 (intentional insult with intent to provoke a breach of peace) of the Bharatiya Nyaya Sanhita (BNS). No arrests have been made in the case as all the aforementioned sections are punishable by less than seven years in prison, which does not require arrests. Instead, the police issued notices to the couple under section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, which recently replaced the Code of Criminal Procedure (CrPC).
Speaking to FPJ, senior advocate Rizwan Merchant said, “Unfortunately, in certain cases, the police are known to misapply charges, either because they want to dilute the charges or they don’t understand the intricacies of the offence committed.” He continued, “In this case, when the driver was lifted and thrown to the ground headfirst, the offender should be charged with either intent to cause grievous bodily harm or knowledge that such an injury is likely to cause bodily harm. The vital part of the body where the hurt was caused is the head. Any person should know that picking someone up and throwing them headfirst is likely to cause an injury that may lead to death. Consequently, the charge in this case ought to have been section 109 (attempt to murder) and nothing less.”
Another senior advocate, Sachin Dhakephalkar, believes that an ‘intent’ to murder is necessary for the FIR to include a charge of ‘attempt to murder.’ He added, “In this case, section 105 (culpable homicide not amounting to murder) could be applied if not section 109. Either way, the existing sections do not do justice to the case.”
Meanwhile, another senior advocate/activist, speaking on the condition of anonymity, stated that the police need to investigate the accused’s side of the story to be fair. “If the driver followed the Audi and collided with it, he is also at fault, although this does not justify the assault. However, the driver could have taken the matter to the police instead of mindlessly following the Audi and making things worse.”
Advocate Godfrey Pimenta said, “This is a very serious matter and needs to be dealt with firmly. There is no fear left among wrongdoers. The police must apply serious charges of attempted murder.”
On Friday, the Parksite police stated that they will be interrogating the two accused mentioned in the FIR, and their statements will be recorded and added to the chargesheet.
